' This is the writ petition of Muhammad Amin and Ch. Muhammad Yousaf, petitioner/cement stockists against (i) S.H.O., Police Station City Sialkot, (ii) The Chairman State Cement Corporation of Pakistan, and (iii) The General Manager, Gharibwal Cement Factory, praying for the quashment of the proceedings against him under the Punjab Essential Articles Control Act, 1973. The case was investigated by respondent No,
3. Further that in consequence of the criminal case, respondents Nos. 4 and 5 have issued a show-cause notice as to why the supply of cement to the petitioners be not cancelled.
2. Resisting the application, it was contended on behalf of respodnents Nos. 4 and 5 that a writ petition was not competent because the answering respondents are acting under the stockistship agreement which was freely entered by the petitioners with respondent No,
4. On behalf of respondent No,3 it was contended that the case has since been sent to Court.
3. The facts which led to the action in this case are that on 10-7-1983, upon secret information, that petitioners were selling less cement in cement bag a raid party constituted headed by Mr. Muhammad Mumtaz Ali Qureshi, Magistrate 1st Class, Sialkot. The raiding party checked the cement stocks lying in the godown of the petitioners and found about 40 to 50 bags weighing approximately 32 to 34 kilograms each and a sealed bag containing 50 kilograms cement. Out of the cement bags which contained less cement, one bag weighing 34 kilograms was taken into possession. It was, therefore, inferred that the petitioner was making extra cement bags than the number of cement bags he had received.
4. The mere fact that the bags were lying in the stock were of less weight would per se not constitute an offence, unless there is a comparison of the stock with the stock register. Moreover only one bag is alleged to have take into possession out of the whole stock. This petition is accepted and the proceedings against the petitioners are quashed. There shall be no order as to costs.