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Petitioner: PROVINCE OF EAST PAKISTAN AND Another VS Respondent: HIRALAL AGARWALA
Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: PROVINCE OF EAST PAKISTAN AND Another vs HIRALAL AGARWALA Case No.:Civil Petition for Special Leave to Appeal No. 31-D of 1970 Petition No. 211 of
JUDGMENT
Reported As: PLD 1970 Supreme Court 399 Result: Petition dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-One Durga Prasad Agarwala was convicted by Mr. E. A.I, Magistrate 1st Class, Dinajpur, under section 6 of the East Pakistan Control of Essential Commodities Act I of 1956, who sentenced him to two years' rigorous imprisonment and a fine of Rs. 800 or, in default, three months further rigorous imprisonment. His foodstuffs in large quantity, which were the subject- matter of the offence, were also forfeited. Hiralal Agarwala, a son of the aforesaid convict, moved a petition in the High Court of East Pakistan, under Article 98 of the 1962-Constitution in challenge of the conviction and sentence of his father on the ground that the convicting Magistrate lacked jurisdiction, not being a Special Magistrate appointed under section 4 of the Act, who alone was competent under the law to try the alleged offence. The contention prevailed with the High Court which has quashed the proceedings with the rider that Durga Prasad Agarwala could be tried by a competent Court, if so advised.