At the direction of the Additional Deputy Commissioner (General) Mandi Baha-ud-Din, Mr. Allah Ditta Warraich, Magistrate 1st Class, Mandi Baha-ud-Din raided the agency of Sui-Gas Cylinders being run by Messrs Son Gas Mandi Baha-ud-Din under the supervisions of Khalid Iqbal Ghauri petitioner. The allegation was that the cylinders were not being sold and were being hoarded for black-marketing. Mr. Allah Ditta Warraich, Magistrate 1st Class, Mandi Baha-ud-Din in the company of his Reader Muhammad Aslam and Naib-Court Muhammad Arshad Constable No,567 reached the aforesaid business place which was closed and was opened. About 25 cylinders were lying in the shop and the salesman Muhammad Afzal could not give any reasonable reply as to why the cylinders had not been sold. Some cylinders were also placed on the street and the allegation was made that the flow of traffic was interfered with. Mr. Allah Ditta Warraich, Magistrate 1st Class, Mandi Bhah-ud-Din sent the complaint and on its basis F.I.R. No,799 dated 1-12-1999 was registered at Police Station City Mandi Baha-ud-Din under section 188 of Pakistan Penal Code and under section 3/7 of the Price Control and Prevention of Profiteering and Hoarding Act, 1977. Muhammad Afzal Salesman was arrested and he has been admitted to bail.'
2. Feeling aggrieved Khalid Iqbal Ghauri petitioner has filed this writ petition for the quashment of the F.I.R. On the grounds that due to his failure for non-supply of one cylinder at the desire of the Additional Deputy Commissioner (General), Mandi Baha-ud-Din he had to face the impugned situation through the registration of the criminal case. He contended in the writ petition that the allegations about the attraction of section 188 of Pakistan Penal Code and section 3/7 of the Price Control and Prevention of Profiteering and Hoarding Act, 1977 were not applicable against him. The comments were obtained from the District Magistrate, Mandi Baha-ud-Din who took up the stand that due to the hoarding of the gas cylinders made by the petitioner and placing some of the same in the thoroughfare he was liable in the matter and that the F.I.R. Was got registered in accordance with law on correct allegations.
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. A perusal of the statements of Muhammad Aslam Reader and Muhammad Arshad Constable No,567 who are the prosecution witnesses, has made out that they have not stated that some of the cylinders were lying on the thoroughfare.
Keeping in view this aspect of the matter section 188 of Pakistan Penal Code is not applicable. Even otherwise placing of some of the material out of a shop in the aforesaid manner would not come within the purview of encroachment for which the prohibitory order was passed by the Assistant Commissioner/Sub-Divisional Magistrate, Mandi Baha-ud-Din on 21-11-1999.
4. About the existence and attraction of section 3/7 of the Price Control and Prevention of Profiteering and Hoarding Act, 1977, suffice it to express that 25 cylinders found in a shop would not make out that the same were being hoarded by the shopkeeper. At the District Headquarters Mandi Baha-ud-Din this much number is not alarming for the attraction of aforesaid penal sections. Even otherwise there is no material in black and white and direct oral proof that the sale of the Sui Gas Cylinder(s) was refused to the customer(s) and that the hoarding was being made for wrongful gain of the petitioner or wrongful loss to any customer. Moreover, no order in the matter to be followed by the petitioner was passed in terms of section 3 of the aforesaid Act, 1977.
This being the position I can safely hold that it is a case of harassment of the petitioner which seems to have been made by the complainant for the reasons best known to him and obviously at the command of his superior officer. Consequently, I hold that the registration of the impugned F.I.R.
Is the outcome of mala fides which cannot remain in the field and is liable to be quashed.
5. For what has been said above, I accept this writ petition with costs and quash F.I.R. No,799 registered at Police Station city Mandi Baha-udDin on 1-12-1999.