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Petition for Special Leave to Appeal No. 48 of 1970, decided on 4th May 1970.
(On appeal from order of the High Court of West Pakistan, Lahore, dated the 9th February 1970, in Criminal Miscellaneous No. 138 of 1970).
------S. 561‑A‑Quashment of criminal proceedings pending investigation by Police‑High Court admitting petition for hearing with a direction to Police not to put up challan in Court‑Police instead of submitting challan in Criminal Court, placing it in Military Court‑Military Court taking cognizance of offence and convicting petitioner‑High Court in circumstance refraining from taking any action on petitioner's application and dismissing same‑Petition for quashment of proceed ings held, rightly dismissed in circumstance‑Special Leave to Appeal refused by Supreme Court.
Petitioner in person instructed by S. Wajid Hussain, Advocate on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 4th May 1970.
‑On the 5th December 1969, at about 5 p.m., a jeep bearing No. LED‑253 was involved in an accident in the area of Lahore Cantonment within the jurisdiction of the South Cantonment Police Station. During the investigation, the police discovered that the jeep contained some contraband cardamom and accordingly they registered a case under section 167 of the Sea Customs Act. The registration of the jeep stood in the name of the petitioner. On the 24th December 1969, the petitioner was arrested. He took the plea that the jeep had formerly belonged to him, but he sold it to one Mazhar Ali. The latter said that he, in his turn, sold it to one Ijaz Ahmad who was driving the jeep on the date of the accident. If the police, however, disregarded this plea. Thereupon, the petitioner moved the High Court under section 561‑A of the Code of Criminal Procedure for quashing the proceedings against him. A learned Single Judge of the High Court admitted this petition and asked the D. S. P., Lahore Cantonment to come to Court along with the file of the case by the 12th January 1970. Meanwhile, he was directed by the learned Judge not to put up any challan in Court. The police, however, placed the ch4llan in the Military Court on the 10th January 1970, instead of submitting it to the criminal Court. Thereupon the petitioner moved the High Court for taking action against the D. S. P. for having committed the contempt of the High Court. The Military Court convicted the petitioner. In view of this conviction, the High Court refrained from taking any action on the petitioner's application and dismissed it. The present petition is directed against the order of the High Court.
When the Military Court took cognizance of the offence and imposed penalty on the petitioner, the learned Judge of the High Court was right in dismissing the petitioner's application under section 561‑A of the Code of Criminal Procedure.
The petition is dismissed.
Leave refused.
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