| Case ID |
38af60d9-8a42-4be5-b92c-8ce84b2788cb |
| Body |
View case body. Login to View |
| Case Number |
Cr. M.Q. No. 22-A of 2017 |
| Decision Date |
Jul 13, 2017 |
| Hearing Date |
|
| Decision |
The Peshawar High Court, in its decision dated July 13, 2017, ruled in favor of the petitioner, Ahmad Shah, allowing the quashment of proceedings against him concerning the sealing of his basement premises. The court found that the petitioner had not been involved in the storage, sale, or manufacture of fake fertilizer, nor had he been accused in the case. The court noted that the main accused had been released on bail, and the complainant did not seek the cancellation of this bail. The court determined that the actions of the Agriculture Inspector in sealing the premises were unjustified as they deprived the petitioner of the lawful use of his property without legal authority. The court directed the respondent to remove the seized fertilizer from the premises within thirty days and return the property to the petitioner. |
| Summary |
In the case of Ahmad Shah vs. Agriculture Inspector, the Peshawar High Court addressed the unlawful sealing of a basement where fake fertilizer was found. The court examined the legal implications under the Khyber Pakhtunkhwa Fertilizer Control Act, revealing that the petitioner, Ahmad Shah, was merely the landlord and had no involvement in the illegal activity. The ruling emphasized the importance of lawful ownership rights and the responsibilities of regulatory authorities. This case underscores the balance between regulatory enforcement and individual property rights, highlighting the need for proper legal procedures when dealing with property seizures. The decision is significant for landlords and property owners, reaffirming their rights against unjustified state action. This ruling demonstrates the court's commitment to protecting lawful property use and ensuring that regulatory officials act within their legal bounds. Keywords: Khyber Pakhtunkhwa Fertilizer Control Act, property rights, regulatory enforcement, legal procedures, court ruling, landlord rights. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD ATTIQUE SHAH
|
| Lawyers |
Ghulam Mustafa Khan Swati,
Yasir Zahoor Abbasi
|
| Petitioners |
AHMAD SHAH
|
| Respondents |
ANOTHER,
AGRICULTURE INSPECTOR SMS PLANT PRODUCTION DEPARTMENT OF AGRICULTURE DISTRICT MANSEHRA
|
| Citations |
2018 SLD 1057,
2018 PCRLJ 512
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Khyber Pakhtunkhwa Fertilizer Control Act (VI of 1999)
|
| Sections |
419,
420,
561-A,
20(a),
20(b),
20(c),
24
|