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Search Results: Categories: Balochistan Sea Fisheries Ordinance 1971 (1 found)

Altaf Hussain VS The State thr PG Balochistan

Citation: 2025 SCP 149

Case No: Crl.P.L.A.876/2022

Judgment Date: 23/04/2025

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Muhammad Hashim Khan Kakar

Summary: (a) Constitution of Pakistan ----Art. 185(3) Maintainability---Petitioner challenged confiscation of trawler under Balochistan Sea Fisheries Ordinance, 1971---Petitioner's claim of lack of knowledge regarding illegal fishing activities carried out on his trawler rejected---Petitioner, as proprietor of the trawler, held responsible for ensuring lawful use of his property---Supreme Court emphasized the principle that constructive knowledge and accountability are attributed to proprietors when their property is used unlawfully---Court observed that economic benefit derived by the petitioner necessitated bearing legal burdens arising from unlawful acts---Petition found devoid of merit and dismissed accordingly. (b) Balochistan Sea Fisheries Ordinance, 1971 ----Ss. 3, 9---Illegal fishing---Confiscation of vessel---Scope and application---Trawler found engaged in illegal fishing with prohibited wire nets within restricted nautical limits without valid license---Confiscation of trawler and prohibited fishing gear held lawful under statutory provisions---Proprietor's ignorance of illegal activity not a valid defense---Presumption of constructive knowledge applied---Court held that confiscation of trawler was consistent with legislative intent to curb illegal, unreported and unregulated (IUU) fishing, which posed threat to marine biodiversity and livelihoods of coastal communities---Petitioner’s claim for release of trawler compared to seeking return of crime instrument by a criminal, and accordingly rejected. (c) Criminal Law ----Constructive knowledge---Liability of owner for acts committed through property---Scope---Where proprietor profits from operations conducted through his property, he cannot escape liability by pleading ignorance---Constructive knowledge principle ensures accountability for acts committed using property under owner’s control---Court applied maxim "Qui sentit commodum, debet et sentire onus" ("He who derives a benefit ought also to bear a burden")---Failure to conduct reasonable checks by owner resulted in attribution of liability for unlawful acts committed aboard the trawler. Cited Legal Maxim: • Qui sentit commodum, debet et sentire onus ("He who derives a benefit ought also to bear a burden.")

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