The petitioner, Ghulam Rasool, seeks pre-arrest bail in case FIR No: 16/2005, dated 7.1.2005, for the offences under Sections 272/273/420 PPC, 5(a), 6(1)(a)(b)(c) & 23(C) of Pure Food Ordinance, 1960 and Rules 1965, registered at Police Station City Burewala, District Vehari. The allegation against the petitioner is that on 11.11.2004, the complainant alongwith other Sanitary Inspectors raided upon the sweet shop of the petitioner and took samples, which were sent to the Laboratory. According to the laboratory report, substance of the sweets were not fit for human consumption.
2. It was submitted by the learned counsel for the petitioner that for the same occurrence, the petitioner was fined Rs. 500/-, which had already been paid by him; that he could not be punished twice for the same offence, which amounts to a violation of Article 13 of the Constitution of Islamic Republic of Pakistan, 1973; that all the offences are bailable; that under Section 32 of Pure Food Ordinance, 1960, cognizance cannot be taken by the police. Relies upon 1979 P.Cr.LJ Note 65, 1991 MLD 1961 [Lahore] and 1992 M LD 2166 [Lahore]. Prayed for confirmation of his pre-arrest bail.
3. The petition was vehemently opposed by the learned counsel for the State.
4. Complaint under Sections 269 & 273 PPC had been filed before the learned Special Judicial Magistrate, Burewala, of this occurrence, in which the petitioner was fined Rs. 500/-, 'which is alleged to have been deposited. The present FIR appears to be outcome of the same occurrence, which is not permissible under the law. The petitioner having deposited Rs. 500/- is not liable to be punished again. All the offences, mentioned above, are bailable. In bailable offence, as held by the Hon'ble Supreme Court of Pakistan, the bail is to be granted as a right and not as grace. All the offences do not fall within the prohibitory clause.
5. Under the circumstances, this is a fit case for the grant of pre-arrest bail to the petitioner. The petitioner was allowed ad-interim pre-arrest bail on 8.2.2005, subject to his furnishing bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of trial Court. His pre- arrest bail is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned Ilaqa Magistrate.
6. Any observation made above shall not influence the learned trial Court and the case shall be decided strictly in accordance with the evidence so produced by the parties.