' This order will dispose of Criminal Miscellaneous No.55/0/92 and Writ Petition No.8986/91, for they arise out of the same fact.
2. Briefly stated the facts are that on 25-8-1991 Tafazzul Hussain, A.S.I. P.S. City Sargodha raided Kamal Brothers Depot of lubricating oil and took into possession 17 drums of mobil oil being adulterated and registered case F.I.R. No.283 under section 420, P.P.C. and Rules 26, 43 and 44, Petroleum Refining Rules, 1971. He also arrested Naeem. Akhtar, Kamal-ud-Din and Abdul Hameed petitioners.
3. The petitioners have challenged the competency of Tafazzul Hussain, A.S.I. to conduct raid on their business premises and to arrest them and seize their mobil oil. .
4. It is contended that as the offence under the Petroleum Act is non-cognizable, therefore, neither case could be registered against them nor could they be arrested by the aforementioned A.S.I. It is further contended that Tafazzul Hussain ASI had not been authorized by the Deputy Commissioner under Pakistan Petroleum (Refming, Blending and Marketing) Rules, 1971 to proceed in the matter.
Moreover, he was not authorised under Rule 36 to take sample of the mobil oil from the petitioners' premises.
5. Pakistan Petroleum (Refming, Blending and 'Marketing) Rules, 1971 do not specifically provide that the violation of the provisions of the said rules shall be a cognizable offence. 'Authority' competent to check the samples as defined by Rule 2(b) means any Officer appointed by the Central Government to exercise the powers and perform the functions of the authority under the said Rules.
Rule 43-A states that the Deputy Commissioner of the District may also exercise the powers of authority under Rules 34, 35, 36, 38 and 43 but there is no mention whatsoever in the said Rules of any police officer authorized or competent to proceed in the matter. From the reading of the F.I.R. it does not appear that Tafazzul Hussain, A.S.I had been even authorised by the Deputy Commissioner concerned to conduct raid on the business premises of the petitioners.
8. In view of what has been stated above, the action of the police was unwarranted by law and Tafazzul Hussain, A.S.I. acted without any authority. Consequently, the proceedings taken in pursuance thereof i.e. registration of case against the petitioners and taking cognizance of the matter by the police is declared to be of no legal effect and as such, the criminal case F.I.R. No.283 dated 25-8-1991 registered at P.S. City Sargodha is quashed. The drums of lubricating oil seized in pursuance of the said case shall be returned to them.