' S. ALI HASSAN RIZVI, J.---Through this single order connected petitions bearing W.Ps. Nos.4509, W.P.
No,3581 of 2007, W.P. No,3582 of 2007, W.P.No,3583 of 2007, 3584 of 2007, 3735 of 2007 and W.P.No,3294 of 2007, shall dispose of.
2. These petitions for abashment of F.I.R Nos. 144/2007, 243/2007, 211/2007, 245/2007, 205/2007, 206/2007 & 209/2007 dated 7-6-2007 in which the petitioners were booked in offence under section 26/44 of Petroleum Act, 1934. In all these case police officials directly conducted the raid without obtaining the permission from the competent authority as laid down in the Pakistan Petroleum Rules, hence the abashment petitions have been filed.
3. It is argued by the learned counsel for the petitioner that the police officials were not authorized by the competent authority to conduct the raid directly or to take action and to recover the installations or articles, while in each case these had been seized allegedly containing adulterated Mobiloil, Petrol and drums etc. The sole is the ground to quash the above said F.I.Rs, Learned counsel for the petitioner referred reported cases 1993 M LD 577 (Lahore), 2003 YLR 239 (Lahore) and 2007 M LD 1675 (Peshawar).
4. Learned A.A.-G. Has opposed these ground: and states that the defect is curable and rectifiable.
5. Heard.
6. Vide Notification No,PL(12) 71 in exercise of powers conferred by Rule 2 (B) of the Pakistan Petroleum (Refining, Blending and Marketing) Rules 1971, the Central Government authorized the Director of Oil Operation Natural Resources Division, Ministry of Industries and Natural Resources to exercise the powers of Authority under the aforesaid rules. The rules referred above do not specifically provide that violation of the provisions of the said rules shall be a cognizable offence.
As referred above, Rule 2 (B) provides that the Authority is to be appointed by the Central Government to perform the function as Authority under rule 43(A). It has also been explained that the Deputy Commissioner may exercise such powers. Since the office of the Deputy Commissioner is no more in existence and it is replaced as stated by the learned A.A.G. With the word District Co- ordination Officer (D.C.0), who has been empowered to exercise as a Authority. Chapter-II of Petroleum Act, 1934[ Section 14 (I)] provides:-- "The Federal Government may by notification in the official Gazette, authorize any officer by name or by virtue of office to enter any place where petroleum is being imported, stored, produced, refined or blended and to inspect and take samples for testing of any petroleum found therein."
7. I have given my anxious consideration on this aspect to the matter but find no mention of whatsoever kind in rules that the police officer was competent, independent to the competent authority to conduct the raid and to register the F.I.R even if has not been authorized by any competent authority.
8. In view of the situation and in these F.I.Rs, that act of the police officer to conduct the raid or to register the case in pursuance thereof was without any legal authority. Since the police official cannot take cognizance of the matter, competent authority whosoever may be, the registration of the case and proceeding are of no legal effect. As the police official independent to competent authority was not authorized at all and act of the police was unwarranted by law and without any authority. Therefore, these petitions are accepted and all the F.I.Rs, referred above stand quashed.
The articles appliances etc, taken into possession by the police shall be returned to the owners.