| Case ID |
ef005aad-ad0a-453b-81d3-1b9721443d88 |
| Body |
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| Case Number |
Criminal Appeal No. 45 of 1975 |
| Decision Date |
Mar 22, 1976 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, concluding that the appellant, Khawaja Fazal Karim, was under a statutory obligation to obtain permission from the Director or Licensing Authority for possessing foodgrains in excess of the normal quantity despite being a producer. The court emphasized the necessity of regulatory measures to ensure the availability and equitable distribution of foodstuffs, which justified the legal restrictions in place. The court also noted that the inherent jurisdiction of the High Court under S. 561-A of the Criminal Procedure Code should be invoked rarely and not to obstruct the ordinary course of criminal procedure. The decision reinforced the importance of compliance with licensing requirements to maintain the intended regulatory framework. |
| Summary |
This case revolves around the legal obligations of food grain producers under the West Pakistan Foodstuffs (Control) legislation. The Supreme Court of Pakistan addressed whether Khawaja Fazal Karim, as a manager of a farm, was required to obtain a license for the storage of foodgrains beyond a specified limit. The court's ruling clarified that producers, while exempt from certain licensing requirements, must still comply with statutory obligations regarding the possession of excess food stocks. This case highlights key legal principles in food regulation, emphasizing the balance between producer rights and public food security. The judgment serves as a critical reference for future cases involving agricultural legislation and regulatory compliance, ensuring that the distribution of food resources aligns with national policies. Keywords such as 'food grain regulation', 'licensing requirements', and 'agricultural law' are pertinent for understanding this legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALAHUDDIN AHMED,
MUHAMMAD GUL,
MUHAMMAD AFZAL CHEEMA
|
| Lawyers |
Ch. Maqbul Ahmad
|
| Petitioners |
Khawaja FAZAL KARIM
|
| Respondents |
THE STATE and others
|
| Citations |
1986 SLD 491,
1986 SCMR 483
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Food grain (Licensing Control) Order, 1957,
West Pakistan Foodstuffs (Control) Ordinance (XI of 1957),
Criminal Procedure Code (V of 1898)
|
| Sections |
Art. 185(3),
Arts. 3 & 6,
S.3,
S. 561-A
|