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Writ Petition No. 1970 of 1978, decided on 22nd October 1978.

-- Art. 199-Review against conviction by Military Court-Peti tioners, salesmen of WAPDA Utility Store, receiving 150 bags of flour, duly entering them in relevant record maintained by them and further selling 148 bags to general public at control rate but retaining only two bags for domestic purposes, in accordance with prevailing practice-Conviction and sentence set aside, in circum stances.-[Conviction].

Muhammad Ghani for Petitioner.

Rashid Aziz, A. A: G. for the State.

Date of hearing : 22nd October 1978..

A raid was conducted against the petitioner on 15-3-1978 and it was found that he had received 150 bags of flour on 13-3-1978 and had disposed of only 148 bags on that date. Another bag was sold on 14-3-1978 while the last bag was recovered by the Inspection Team from the junk store of the shop which according to the prosecution showed his ulterior motive to sell the same in black market. It has also been alleged that when the raid was conducted many people were standing outside the shop of the petitioner to purchase atta which was not sold to them.

2. According to the statement made by the petitioner in defence, is incharge of the Utility Store of WAPDA Training Institute, Sheikhupura. He received 150 bags of atta on 13-3-1978, out of which 148 bags were sold according to the instructions of the WAPDA Market Committee. The remaining two bags were retained by his staff member Muhammad Younis as well as by him for their domestic use. The bag belonging to Muhammad Younis had been taken away by him. According to the petitioner, sin his village was situated at a distance of thirty miles from the store, therefore, he could not take his bag with him on that day. It is admitted on record that the aforesaid .bag was shown to have been received by him in the relevant register. The fact that the bag in question was retained by the petitioner for his domestic use was disclosed by him to the Inspection Team.

3. It is not denied that 148 bags out of 150 bags were sold to the public at the control rate. The only allegation levelled against the petitioner is that since he did not make available the last bag of atta for sale, therefore, he retained it for black market purposes. If the petitioner had intended to sell the said bag of atta in black market then he would riot have sold 148 bags on control rate. All the bags received by him were duly entered in the relevant record maintained by him. Further the last bag was also lying in his store and had not been sold. It has not been denied that according to .the prevailing practice he was allowed to use at least one bag for domestic purposes. In the circumstances it cannot be said that he did not sell the said bag for black market purposes.

4. As such, there being no sufficient material on record connecting the petitioner with the offence alleged to have been committed by him, his conviction and sentence is liable to be set aside. The writ petition is, therefore accepted without any order as to costs and his conviction and sentence is hereby set aside. He shall be released forthwith, if not required in any other case.

Petition allowed.

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