| Case ID |
0365fecd-99c2-4c38-847e-2564ccc03a04 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 189 of 1949 |
| Decision Date |
Jul 04, 1949 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petitions contesting the legality of the police investigation against Abdul Wahid and others for alleged offenses under the Cotton Cloth and Yarn Control Order, 1945, in conjunction with Section 7 of the Essential Supplies (Temporary Powers) Act, 1946. The court held that the Essential Supplies Act was operative at the time of the alleged offenses and that the provisions of the Act provided for punishment not only for actual orders but also for orders deemed to have been made under it. The court emphasized the importance of legislative intent in interpreting penal statutes, affirming that the orders made under the earlier Ordinance were deemed to be orders under the Act, thus making contraventions penal. The court reinforced that the legislative framework was in effect when the alleged offenses occurred, leading to the dismissal of the petitions. |
| Summary |
In the case of Abdul Wahid vs. The Crown, the Lahore High Court examined the legality of police investigations under the Essential Supplies (Temporary Powers) Act, 1946. The case revolved around the interpretation of Section 7 of the Act, which addresses punishments for contraventions of orders made under it. The court highlighted the significance of legislative intent and the implications of deemed orders, reinforcing that the Essential Supplies Act was applicable at the time of the alleged offenses. The court's ruling clarified that actions taken under the Cotton Cloth and Yarn Control Order were indeed covered by the Act, thus affirming the legality of the ongoing investigations. The decision underscores the importance of statutory interpretation in ensuring that the law is upheld effectively, particularly in cases involving essential supplies during periods of regulatory control. The ruling serves as a precedent for future cases involving the interplay between temporary powers and statutory obligations, providing clarity on the enforcement of such laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
KAYANI, J
|
| Lawyers |
M. Saleem,
Muhammad Amin Khan,
Mohsin Shah,
Muhammad Sharif
|
| Petitioners |
ABDUL WAHID
|
| Respondents |
THE CROWN
|
| Citations |
1949 SLD 54,
1949 PLD 188
|
| Other Citations |
A I R 1948 Bom. 370 F B,
11 A C 627
|
| Laws Involved |
Essential Supplies (Temporary Powers) Act, 1946
|
| Sections |
7
|