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THE STATE vs Ayaz Khan

CourtDistrict Consumer Court
Case No.(Case No. 05 /2007).
Date2007-11-10
Judge(s)District Sessions Judg /Presiding Officer
ResultN/A

1. Presence: Malik Mubarak Ali, respondent/accused in person.

2. None on behalf of the State.

3. This Court avoids to recapitulate the facts and background of this case which has already been narrated earlier vide order dated 27-10-2007, however, it is pertinent to mention that it is well established and admitted fact from the application dated 04-09-2007, and affidavit of the even date, at the instance of Mubarak Ali, a distributor of English Food Product during the inquiry before Authority DCO, Narowal, that he was the distributor of the disputed food product and that no doubt, no manufacturing and expiry date, as well as, warning, as mentioned on the aforesaid Product were, even, mentioned and that he had no knowledge of the promulgation of "The Punjab Consumer Protection Act, 2005",while undertaking that he would never supply/distribute the disputed articles in the market.

4. Be that as it may, he had undertaken not to distribute the disputed articles in the market but non awareness to a particular law, is no excuse at all, likewise, admitted facts need no proof, accordingly, this Court has no other option to hold that allegations /Offences against Mubarak Ali as per terms of Sec. 4 read with Sec. 28 are proved and established and thus, fine in sum of Rs.

5. 20,000/- (Rupees Twenty Thousand only), is hereby imposed upon him which will be payable on even date, failing which he will have to suffer three months S. I. In the jail. Respondent/accused seeks time of one hour for deposit of fine in the State Treasury. It is also declared that he will be bound not to distribute food products of this product in the market until and unless necessary factors are mentioned thereon and that if any bulk of food products of disputed nature are lying in his possession, he will be bound to destroy the same. Authority DCO, Narowal, is also directed to ensure the wastage of aforesaid articles if lying in his possession under a certificate transmitted to this Court within Ten Days positively. A copy of this order be sent to Authority DCO, Narowal, for compliance.

6. As per request of respondent/accused time is granted. This file be taken-up after the deposit of fine.

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