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Criminal Miscellaneous Applications Nos. 169, 170 and 171 of 1966, decided on 18th October 1967.
Ss. 3 & 6‑Complaint for grazing of goats in restricted area Area neither declared as specified area nor any restriction imposed on grazing of goats therein‑Proceedings quashed.
A. S. Pirzada for Applicants.
S. Murtaza Hussain for the State.
Date of hearing : 18th October 1967.
Criminal Miscellaneous Applications Nos. 169 of 1966, 170 of 1966 and 171 of 1966 filed by Pir Bux, Punhoon and Pinyo will be disposed of under this judgment because the facts on which they are based are common and they are founded upon common questions of law.
2. The facts out of which these applications arise are that on the 7th of August 1966 the applicants were found grazing goats in Mahal Kohistan. They were consequently challaned under section 3 read with section 6 of West Pakistan Goats (Restriction) Ordinance, 1959. It is against the challan of these applicants that these applications were filed with a view to have the proceedings against the applicants pending before the District Magistrate, Dadu quashed.
3. Mr. A. S. Pirzada, the learned counsel for the applicants amongst other points, raised by him has contended that the applicants had committed no offence on the 7th of August 1966 because under section 3 of the Ordinance and rule 1 (ii) of the Rules framed under this Ordinance, Mahal Kohistan was not declared as the specified area as required under the Ordinance nor was any restriction on the grazing of the goats imposed on that day. He has referred me to Notification No. I‑I‑(17)‑SOAH‑II (P&D)/59, dated 22nd December 1959, P L D 1960 (West Pakistan Statutes, page 27). Under this notification which was issued under section 3 of the Ordinance Mahal Kohistan was included as the specified area. Rules, were originally framed in 1959. 7hey were published in P L D 1959 (West Pakistan Statutes) at page 348. These rules were superseded by rules framed in 1961 which were published in P L D 1961 (West Pakistan Statutes) at page 298. As the rules framed under the Ordinance were superseded fresh notification in supersession of the notification dated the 22nd of December 1959 was published in the Gazette of 29th of September 1961. This notification was published in P L D 1963 (West Pakistan Statutes) at page 38. This notification clearly envisages that it is in modification of the notification dated the 22nd of December 1959 under which Mahal Kohistan was declared as specified area. As the present notification is in supersession of notification dated 22nd of December 1959 and is the final one on the subject, the areas specified in this notification will be the area which will govern the provisions of section 3 of the Ordinance and make people liable for grazing goats. In this notification Mahal Kohistan is not included as specified area. Mahal Kohistin continued to be excluded from the specified area until the 17th of August 1966, when another notification was issued by the Government under which Mahal Kohistan was included as specified area. This notification was published on the 20th of August 1966. It is therefore obvious that on the 7th of August 1956, Mahal Kohistan was neither declared as A specified area nor was any restriction imposed on the grazing of the goats on the 7th of August 1966.
3. Mr. Murtaza Hussain, the learned counsel for the State, has conceded the point and has stated at the Bar that there is no other notification before or after 7th of August 1966 declaring Mahal Kohistan as the specified area. On this view of the matter, I have no option but to accept these applications and quash the proceedings pending against the applicants before the District Magistrate, Dadu.
Petition accepted.
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