The petitioner has prayed that the respondents be directed to renew his licences Bearing Nos, RAD 436/E-RC & RAD 437/E-RC. It was stated that the above mentioned licences were issued to the petitioner in the year 1997 and since then he has been carrying on business without any complaint and has also been paying sale tax to the Government. His licences were renewed from time to time on yearly basis as per rules but he could not submit the application for renewal due to inevitable circumstances beyond his control and once he was out of woods, he immediately approached the Respondent No, 1 for renewal the same. Some queries were raised by Respondent No, 1 and the same were replied to satisfactorily but the respondents did not accept the genuine explanation and his lawful request was illegally turned down. It is contended that his fundamental right to carry on the business and trade has been infringed and due to malfeasance his family and the families of the workers are at the brink of starvation.
2. In the report/para wise comments, the Respondent No, 1 has contended that the petitioner did not submit the fortnightly statements regarding purchase, transportation and sale of explosive substances inspite of repeated letters; that both the licences held by him had expired as he failed to apply for renewal of the licences under Rule 112 of the Explosive Rule, 2011; that on 28.03.2011 a report was received from Ministry of Industries to the effect that huge quantity of explosives were recovered from a vehicle and explosive dump located in Choha Saiden Shah and as per probe conducted by Ministry of Interior the same were supplied by the petitioner to unauthorized persons and they recommended that the licences of the petitioner be cancelled. It was also contended that the petitioner did not furnish the receipt regarding deposit of Rs, 29,000/- as difference of the renewal fee and security deposited of Rs, 5,00,000/- of licences Nos, RAD 436/E-RC and RAD 437/E- RC for the year 2010.
3. The learned counsel for the petitioner has contended that the petitioner was wrongly detained and illegally handed over by the Intelligence Agency and then was handed over to Peshawar Police, where he was falsely implicated in case FIR No, 987/2010, dated 01.12.2010 Police Station Bate Bair, under Sections 3/4 of the Explosive Substances Act, 1908. It is contended that infact the explosive substances mentioned in the letter dated 28.3.2011 of the Ministry of Industries were un- authorizedly removed by his Manager and case FIR No, 279/2011 dated 21.09.2011 was got registered by his employee Azmat Nawaz, who had also filed two applications under Section 22-A/22-B Cr.P.0 on 23.2.2011. It is contended that the petitioner has the right to carry on the business and his bona fides are established from the submission of the applications under Sections 22-A/22-B Cr.P.C. and registration of case FIR No, 279/2011, dated 21.09.2011, Police Station Choha Saiden Shah.
4. Heavy quantity of explosive substances were recovered from a vehicle. The probe conducted by Ministry of Interior reveals that all this material was unauthorizedly supplied by the petitioner. In his application (Annexure-F) he had admitted that on 18.02.2011 at about 4.00 p.m. some police officials came to his magazine at Choha Saiden Shah and took all the remaining stock and relevant record with them. The registration of case on 21.09.2011 and submission of applications on 23.2.2011, therefore, prima facie show that the same might be an attempt to create defence of his illegal acts. The Ministry of Interior had recommended cancellation of his licences. He had not applied for renewal in time. The mere fact that he was required to submit the receipt regarding deposit of difference of the licence fee for renewal of 2010 does not prove that he is entitled to renewal.
5. The learned Standing Counsel has stated that further action towards cancellation was not taken as the licences had lapsed and the applications for renewal were not submitted. The petitioner was asked time and again to file returns regarding supply, sale and stock but he did not do so on the pretext that his stock and record was removed by the police employees.
6. Illicit explosive substances are being used by the terrorists. We are passing through the hardest time of our history. The terrorists are playing havoc with lives and properties of the people. The nation is experiencing the moments of deep agonies and sorrows. In this period any irresponsible act by the licence holder may lead to disaster. The contention that the Manager of the petitioner had illegally removed the explosive substances from his magazine cannot be accepted at this stage. The matter relates to public peace, security and tranquility. No doubt Article 18 of the Constitution provides freedom of trade, business and profession but the same is to be conducted according to the regulations, law and rules. The petitioner is prima facie responsible for violating the rules and as such no direction can be given for renewal/issuance of licence to the petitioner.
The petition is without merits and the same is hereby dismissed.