IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.1143 of 2019 
(Against 
the 
order 
dated 
28.02.2019 
passed by the Lahore High Court Lahore in 
Crl. Revision P. No.(T)2/2019)  
 
 
Nakhuda Mustafa & another 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State & another 
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Mr. Kamran Murtaza, Sr.ASC  
 
Mr. Tahir Ali Baloch, ASC 
 
For the State: 
Mr. Baqir Shah, State counsel 
 
Date of hearing: 
16.10.2020. 
 
ORDER 
 
 
 
    Qazi Muhammad Amin Ahmed, J.- The petitioners were 
intercepted by the Fisheries Department of Government of Balochistan 
while fishing inside internal waters in contravention of the provisions 
of the Balochistan Sea Fisheries Ordinance, 1971 (Baln Ord. IX of 
1971) on 14.12.2018; all on board, 21 in number, were taken into 
custody; fishing craft, named as Al-Faisal-II along with prohibited net 
was secured vide inventory of even date; indicted before a learned 
Judicial Magistrate at Gawadar, they were convicted under section 9 of 
the Ordinance ibid; the petitioners were sentenced to 9-months R.I. 
whereas the remainders were sentenced to 28-days, served out without 
challenge, vide judgment dated 10.01.2019. The confiscated fishing 
craft was directed to be auctioned. The learned Sessions Judge 
Gawadar, in appeal vide judgment dated 23.1.2019 maintained the 
conviction, however, the High Court of Balochistan vide judgment 
dated 22.02.2019 set aside the fine and also reduced the sentence of 
imprisonment to the period already undergone by the convicts. Against 
the above backdrop, the petitioners primarily seek release of the fishing 
craft, confiscated by the learned trial Magistrate for auction, a course 
affirmed by the Court of Session as well as the High Court of 
 Criminal Petition No.985 of 2020 
2
Balochistan on the ground that the impugned action being harsh 
merits recall, particularly its being the sole source of sustenance for 
the petitioners. Mr. Tahir Ali Baloch, ASC, vehemently argued that 
there was no occasion for the learned Magistrate to return a guilty 
verdict, as according to him, the prosecution had miserably failed to 
drive home the charge beyond reasonable doubt, an error that escaped 
notice of learned Sessions Judge as well as the learned Judge-in-
Chamber and as such while the days of incarceration endured by the 
convicts cannot be recompensed, release of the fishing craft would, 
nonetheless, indemnify the wrong.  
2. 
 
Heard. Record perused. 
3. 
 
We have gone through the record. The petitioners were 
intercepted while using a banned net within the internal waters. The 
location is unambiguously established with map Ex.P/3-B. The 
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. Three courts meticulously appraised 
the evidence to discard bald denial pleaded by the petitioners in the 
face of positive evidence, supported by scientific proof. In the matter of 
sentence, the convicts were dealt with leniently. Proviso to section 9 of 
the Ordinance ibid, in the event of contravention, mandatorily provides 
auction of fishing craft, thus, the impugned direction by the learned 
Magistrate, upheld in appeal by the Court of Session as well as the 
learned Judge-in-Chamber being within the remit of law calls for no 
interference. Petition fails. Leave declined.  
 
 
 
Judge 
 
 
Judge 
Islamabad, the 
16th October, 2020 
Not approved for reporting 
Azmat/- 
