MUHAMMAD BILAL SHAHID vs GOVERNMENT OF THE PUNJAB Ss — 2022 YLR 2102 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD BILAL SHAHID VS GOVERNMENT OF THE PUNJAB Ss. 22-a & 22-B---Oil and Gas Regulatory authority Ordinance (XVII of 2002), S. 22---Pakistan Oil (Refining, Blending, Transportation, Storage and Marketing) Rules, 2016, Rr. 28, 54, 55, 61, 62 & 63---Penal Code (XLV of 1860), S. 285---Harassment by police---Negligent conduct with respect to fire or combustible matter---Petitioner was aggrieved of order passed by Ex-officio Justice of Peace declining to issue direction to police from not harassing him---Validity---Petitioner had set-up an oil depot, licence was mandatory for such business activity under R. 28 of Pakistan Oil (Refining, Blending, Transportation, Storage and Marketing) Rules, 2016 but he failed to present any licence before High Court---Petitioner was liable to be prosecuted if he was engaged in any regulated activity without any licence---Such matter fell within the preview of inspection officers and Oil and Gas Regulatory authority---Such was ordained to ensure compliance of Oil and Gas Regulatory authority Ordinance 2002 and Pakistan Oil (Refining, Blending, Transportation, Storage and Marketing) Rules, 2016 in letter and spirit by all and sundry---Provision of S.285, P.P.C. was not attracted to sale of adulterated petroleum products---although it was a cognizable offence yet it empowered police to proceed in only two situations, (i) where a person did any rash or negligent act with regard to any combustible material which endangered human life or was likely to cause hurt or injury to any other person, or (ii) where a person knowingly or negligently omitted to take appropriate steps to ensure that combustible matter in his possession did not become a threat to human life---High Court declined to determine whether petitioner had committed any illicit act and also refrained from making any observation---Petitioner had a right to be treated in accordance with law under art. 4 of the Constitution and was at liberty to undertake legal proceedings where any right was denied to him---Constitutional petition was disposed of accordingly.

MUHAMMAD BILAL SHAHID vs GOVERNMENT OF THE PUNJAB Ss — 2022 YLR 2102 LAHORE-HIGH-COURT-LAHORE

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