' This revision petition is directed against the order of the District Magistrate, Gujranwala fixing the price of beverages for the reason that the prices were beyond the purchasing power of the public and it is likely to result in disturbance of public peace, tranquillity and maintenance of good order, therefore, in the exercise of his powers conferred on him by section 144, Cr.P.C. Directed the price of beverages specified in the list mentioned in the order should not be more than Rs,1.25 per bottle.
2. Learned counsel for the petitioner contended that such an order was not contemplated by section 144, Cr.P.C. In this regard he has placed reliance on Mumtaz Ali Shah v. State 1.976 P Cr. L J
702. In the cited case the District Magistrate had fixed the price of vegetable ghee. Quashing the order it was held that the provisions of section 144 could only be resorted to for immediate prevention or speedy remedy in such situation or emergency as referred to in that section and there being no such circumstances present order of District Magistrate regulating price of vegetable ghee was ultra vires his powers.
3. In the instant case to imagine that there would be a breach of peace over the price of beverages is rather a far-fetched thought which cannot be justified by A an order under section 144, Cr.P.C.
Fixing the price of beverages. This petition is therefore, accepted and the impugned order is set aside.
Revision .