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Criminal Miscellaneous Application No. 1023 of 1979, decided on 3rd March 1980.

--- S. 561-A read with West Pakistan Foodstuffs Control Ordinance (I of 1957), Ss. 3 & 6 - Quashment of proceedings - Bags of wheat recovered from possession of third persons and no evidence available to show such bags having been either sold, disposed or delivered in black market by applicant to such persons-Evidence connecting applicant with offence, held, lacking, in circumstances- Proceedings quashed.

Muhammad Ali Shaikh for Applicant.

Nazir Alam for the State.

The allegation in this case against the applicant in the F. I. R. filed by S. H. O. Mehdi Shah wag that Nizamuddin who is a ration dealer, had sold in black market 10 bags of wheat-flour and they are lying at the machine of Ikram and Jamil. Challan has now been filed in Court in Sindhi. Mr. Nazir Alam appearing for the State has made the following statement:-

"That he has seen the challan and statements of P. Ws. in Sindhi language and he does not find any allegation that applicant Nizamud din has sold in black market 10 bags of wheat and no witness has made any statement under section 161 of Cr. P. C. to the effect that applicant Nizamuddin has either sold or disposed or delivered the alleged 10 bags of wheat."

Mr. Muhammad Ali Shaikh has also made the same statement.

In view of the above statement made by the counsel for the State there is no likelihood of success of the prosecution against the applicant as the bags were recovered from the machine of Ikram and Jamil and therefore evidence was needed to connect the applicant with the delivery of those bags, but the same appears to be lacking.

In these circumstances the prosecution against applicant Nizamuddin under section 3/6 of West Pakistan Food Stuffs Control Ordinance is hereby quashed.

Proceedings quashed.

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