NASIR ASLAM ZAHID, J.------This petition has been filed by petitioner Abdul Sattar, who carries on the business of book selling and publishing rat Hyderabad under the name of "Qaumi Kitab Ghar". It is the case of the petitioner that on 16-7-1978, respondent No.3 of City Police Station, Hyderabad alongwith a Police party raided the place of the business of the petitioner and took away large number of books and publications and the same were confiscated. According to the petitioner, no list of such books was prepared although the petitioner has filed his own list of such books as Annexure 'A' to this petition. It is then averred by the petitioner that on 2-8-1978 respondent No.3 again raided the place of the business of the petitioner and confiscated certain other publications but this time a list of confiscated books was prepared and after signing the same it was supplied to the petitioner. A copy of such list of books confiscated on 2-8-1978 has been filed as Annexure 'C' to this petition. As no order had been communicated to the petitioner about the authority under which these books and publications had been seized /confiscated, and no reply was received from the respondents to the letters written to the respondents the present constitutional petition was filed. This petition was admitted to regular hearing on 13-9-1978 and notice was issued to the respondents. No counter-affidavit has been filed. No order has also been shown to us on behalf of the respondents giving authority to the respondents to seize or confiscate the books and publications of the petitioner. We heard Mr. Ali Amjad learned counsel for the petitioner and Mr. Abdul Sattar Sheikh learned Additional Advocate-General who appeared on behalf of the respondents on 24-1-1984.
2. Learned counsel for the petitioner had pointed out that under the West Pakistan Press and Publication Ordinance No. XXX of 1963, an order could have been passed for the seizure of the books and publications provided such books and publications came within the mischief of that Ordinance but first a notification about the offending books and publications had to be published in the Government Gazette and then action taken by the police for seizure. We asked the learned Additional Advocate-General on 24-1-1984 whether any notification/order under the West Pakistan Press and Publications Ordinance No. XXX of 1963 or under any other relevant law had been issued or passed by the Government to give authority to the police to seize or confiscate the books and publications of the petitioner. On this the learned Additional Advocate-General took time for one day so as to make another contact with the concerned department. However, none has appeared on behalf of the respondents today.
3. As neither any counter-affidavit has been filed nor any copy of any order has been produced which could give any authority to the respondents, the presumption is that no such order had been passed giving authority to the respondents to seize the books and publications of the petitioner in respect whereof relief is being claimed in the present petition. As no authority has been shown by the respondents for the action of seizure or, confiscation of the books and publications of the petitioner, this petition is allowed and it is declared that the p action of the respondent No.3 in raiding the petitioner's bookshop on 16-7-1978 and 2-8-1978 and seizure and confiscation of the books and publications of the petitioner is without lawful authority and of no legal effect. A further direction is given to the respondents to return to the petitioner the books and publications seized by the respondent No.3. Mr. Ali Amjad, Advocate for the petitioner, does not press for costs and as such there shall be no order as to be costs.
S. G. D Writ issued