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SHAHBAZ AFGHAN versus DISTRICT MAGISTRATE


Section 3 Constitution of Pakistan (1973) of the West Pakistan Maintenance of Public Order Ordinance 1960 (1973), Article 199, the detention order was passed by the district magistrate against the applicant on three grounds, with no evidence presented which was the first reason. To prove that the applicant was a desperate, harsh and notorious offender and that the drug dealer has not been reported by the police nor has any complaint been made that the applicant was involved in such activities. The second basis for the applicant's involvement in 22 criminal cases, of which he has been acquitted in one case, while the rest is still pending in various cases. Courts, although the simplicity of criminal cases could not constitute a detention order, and the third basis is that despite repeated warnings, the applicant did not refrain from activities that provoke discrimination and hate. And did not produce any material to prove that basis. The recording of such search could not be ascertained and the allegations were useful. It was also clear that the district magistrate had freely passed the order on Cyclistyled Pro-Pharma without the request of the mind which fulfilled the applicant's details. And it was said that the detention order was approved without any legal authority. There is no legal effect under the circumstances

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