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NAKHUDA MUSTAFA vs State S — 2021 SCMR 319 SUPREME-COURT

Case information

Citation
2021 SCMR 319 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
NAKHUDA MUSTAFA vs State S
Subject matter
Criminal
Provisions referred to
S. 9; Balochistan Sea Fisheries Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NAKHUDA MUSTAFA VS State S. 9, proviso---Fishing in banned area with prohibited net---Reappraisal of evidence---Accused persons were convicted and sentenced by Trial Court under S. 9 of Balochistan Sea Fisheries Ordinance, 1971 and it was also ordered that their fishing craft be auctioned---On appeal the sentences of accused persons were reduced; the fines imposed were set-aside, however the direction for auction of fishing craft was maintained---Held, that accused persons were intercepted while using a banned net within the internal waters---Location of the incident was unambiguously established with a map---Prohibited net being used for fishing was secured by the raiding party and all those on board were arrested, leaving no space to entertain any hypothesis other than their guilt---All courts below meticulously appraised the evidence to discard bald denial pleaded by the accused persons in the face of positive evidence, supported by scientific proof---In the matter of their sentences, the accused persons had already been dealt leniently by the appellate Courts---In the event of contravention, proviso to S. 9 of the Balochistan Sea Fisheries Ordinance, 1971, mandatorily provided for auction of fishing craft, thus, the impugned direction by the Trial Court, upheld in appeal by the first appellate Court and the High Court was within the remit of law---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2021 SCMR

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