' On 8-7-1994 at 3-30 p.m. Muneer Ahmad, S.I. Police Station City Sahiwal raided Paradise Cinema, Sahiwal alongwith the P.Ws. On receiving the information that nude films/blue prints were being exhibited therein. Mr. Javed Iqbal, Magistrate 1st Class, Sahiwal was also stated to be with the raiding party. Muhammad Jamil, Contractor, Muhammad Ashraf, Haq Nawaz, Muhammad Tariq and Muhammad Shahid were surprised while showing the blue prints when Muhammad Iqbal was making sale of the tickets. Muhammad Jamil, Contractor made good his escape. An amount of Rs,10,140 was taken into possession from Muhammad Iqbal vide memo. Two films lying in the cabin and one film being exhibited, which according to the aforesaid Muneer Ahmad, S.I. Were the blue prints, were taken into possession. Muneer Ahmad, S.I./complainant got recorded F.I.R. No,197, dated 8-7-1994 at 3-55 p.m. Under section 292, P.P.C. And under section 18 of the Motion Pictures Ordinance, 1979 at Police Station Sahiwal. Thereafter application for bail and application for cancellation of bail were taken up by the competent Courts. The District Magistrate on the report of the Superintendent of Police has issued the notice to the licence holder of Paradise Cinema for its cancellation. Feeling aggrieved Muhammad Iqbal, writ petitioner, Acting Manager of Paridise Cinema, Sahiwal filed this petition for the cancellation/quashment of F.I.R. No,197/94 registered at Police Station, Sahiwal.
2. The parawise comments have been received wherein the action taken in the matter has been defended.
3. I have heard the learned counsel for the petitioner as well as the learned Assistant Advocate- General and gone through the record before me. Learned counsel for the petitioner has raised the following points in support of the acceptance of writ petition:--
(i) That under section 8(5) of the Motion Pictures Ordinance, 1979 any Police Officer not below the rank of Inspector may upon a report in writing made by the Board or by a person authorised by it in this behalf, or under the orders of the District Magistrate enter any place licensed for the exhibition of films in which there is reason to believe that the film has been or is being exhibited otherwise than as certified or if a film is being exhibited in contravention of any of the provisions of the Ordinance, may search it and seize the film and projection equipment. According to him Muneer Ahmad, S.I. Had no jurisdiction to enter the premises of Paradise Cinema, Sahiwal.
' That under section 18(5) of the Motion Pictures Ordinance, 1979 no Court shall take cognizance of an offence punishable under this section except upon a complaint in writing made by the Censor Board or the Licensing Authority or by any person authorised by any of them. According to him the registration of the case at the instance of. Muneer Ahmad, S.I. Is illegal and the subsequent proceedings in the matter cannot be processed with.
' Relying on Shaboor Khan v. District Magistrate, Gujranwala PLD 1981 Lah. 495 on the basis of his power the notice to revoke the licence to exhibit film can be given by the District Magistrate to the licence-holder as a delegatee of the Licensing Authority yet the action can be taken only after the conviction is recorded against him by a competent Court.
4. He canvassed that the very raid was made by a person not competent in the matter, the complaint has been got registered by a person (Muneer Ahmad, S.I.) having no authority in the matter and the Criminal Court being not competent to take cognizance of the case, the conviction against the accused persons could not be recorded as the F.I.R. Is liable to be quashed and cancelled and that no notice for revocation of the licence could be issued.
5. To the aforesaid arguments Mr. Zafar Ullah Khan Dareshak, AA.-G. Had no answer because the same revolve around the codified provisions of the law of the land as well as the case-law.
6. In my view it is a clear cut case of transgression of authority on the part of Muneer Ahmad, S.I.
Even though Mr. Javed Iqbal Magistrate 1st Class, Sahiwal is mentioned as one of the members of the raiding party, yet this aspect of the matter simply seems to be figment of the brain of Muneer Ahmad, S.I./complainant of F.I.R. No,197/94 required to be quashed. Had Mr. Javed Iqbal, Magistrate 1st Class been a member of the raiding party he would have prepared the Raid Report and got registered the F.I.R. He may be present at the spot, but it cannot be held that the raid was supervised by him. The admitted facts are narrated in the aforesaid arguments addressed by the learned counsel for the petitioner. Under section 8(5) of the Motion Pictures Ordinance, 1979 the raid of the instant nature can be supervised by a Police Officer not below the rank of Inspector upon a report in writing made by the Board or by a person authorised by it in this behalf or under the orders of the District Magistrate. This legal requirement is missing in the instant raid on the basis of which F.I.R. No,197/94 was launched at Police Station, City Sahiwal. The Board or the Licensing Authority or persons authorised by any of them haVe not reported the matter to the police and thus no criminal Court can take cognizance of the offence under section 18(5) of the Motion Pictures Ordinance, 1979 in the instant matter. About the prima facie attraction of section 292, P.P.C. I have to express that mere opinion of Muneer Ahmad, S.I. Has no legal weight as the films taken into possession from Paradise Cinema, Sahiwal have not been sent to the Censor Board to get ascertained the true picture in the matter. This aspect can also be ignored on the ground that the raid was not conducted in accordance with law. Thus, F.I.R. No,197/94 registered at Police Station City, Sahiwal is liable to be cancelled/quashed. Since the issuance of notice for cancellation/revocation of licence is simply uncalled for, the same is illegal in the light of the aforesaid case-law relied upon by the learned counsel for the petitioner.
7. For what has been said above, this writ petition is accepted and case F.I.R. No,197, dated 8-7-1994 registered under section 292, P.P.C. And under section 18 of the Motion Pictures Ordinance, 1979 at the instance of Muneer Ahmad, S.I. At Police Station City, Sahiwal and all the subsequent proceedings including the issuance- of notice for cancellation of licence are hereby quashed. The recovered amount, if already not paid, shall be returned to the administration of Paradise Cinema, Sahiwal.