1. The brief facts of the matter, in hand are that the representative of the state (Naib-Tehsildar, Narowal on behalf of District Officer, Revenue, Narowal), on spy information, raided the premises, in possession of respondent Muhammad Hanif, on 09.07.2007 and found a machine for filling of Beverage, (Lota Bottle a local made), installed therein without any valid license or permit issued by competent authority as a result of which a complaint was submitted before Authority, (District Coordination Officer, Narowal) who after examining the file and in pursuance of statement as well as written explanation of respondent, found the allegations forceful and, thus, submitted the instance reference as per terms of Sec. 21 PCP Act, 2005 (misquoted as U/S 23 PCP Act, 2005), to this court.
2. The respondent was issued a notice who appeared before this court in person while seeking exoneration on the ground that all allegations are false and incorrect and that he was involved in act of manufacturing of disputed Beverage, falsely and on account of ulterior motive.
3. The state representative/Assistant Director (Legal), DCPC, Sialkot was asked to justify allegations/charges against respondent but he candidly expressed that none of allegation are made out against the respondent/accused. He further stressed that no manufacturing material was ever recovered from the possession of respondent/ accused. While adding to it he also argued that manufacturing machine was never ever recovered from his possession, nor was taken into possession.
4. Before the court learned Assistant Director (Legal), DCPC, Sialkot also pleaded that it was bounden duty of the Authority to put the matter before District Consumer Protection Council, Sialkot for legal consultation, for sending a reference to this court, so that the court time could be saved and that the inconvenience of the respondent could be also avoided.
5. Both sides have been heard. Record also perused.
6. After having examined the record meticulously, it is crystal clear that during or after the raid upon premises of respondent / accused Muhammad Hanif neither any manufacturing raw material, for the preparation of indigenous beverage (Lota Bottle) or any part of machinery was ever recovered by the raiding Officer, even, after a show cause notice by the enquiry officer Narowal, in his written explanation the respondent/accused had clearly disclosed that no doubt he had purchased machinery for preparation of local beverage (Lota Bottle), in pursuance of registration of the Firm by Registering Authority, report of bacteriologist Lahore through District Health Officer, Narowal and valid permit issued by licensing Authority TMA, Narowal but he never inspected place or raw material for the manufacturing of local made beverage. Needless to say, that the version of the respondent/accused that he is falsely involved in the allegations, is fully established from the facts circumstances surfaced from the record which fully prevail upon the mind of this court. Thus it is held that the reference sent by the Authority against the respondent/ accused is neither proved nor established and thus it is answered in negative. The respondent / accused Muhammad Hanif is, hereby, exonerated, forthwith, from the allegations and charges advanced against him.
7. Before parting with the order this court is mindful to express extreme pleasure on the act of sending of this reference alongwith other 3 references by the authority (DCO, Narowal) whereby, it is reflected that he is well conscious of his duties regarding the protection of newly created / introduced valuable rights of subject/public of Narowal who are living under the shadow of administration of Authority. Of course, Government has not actively taken correct steps in developing awareness among the the public but authority (DCO, Narowal) has displayed his active participation in this regard who deserves congratulations on his activity. He is also excepted to be well conscious on the standard of manufacturing of local beverage in order to save the human life.
8. A copy of this order be sent to the authority (DCO, Narowal) and other copy be sent to Secretary, Department of Industries, Civil Secretariat, Lahore to directions to the Authorities (DCO's), of every District to initiate pass strict healthy and active steps for creation of awareness among public regarding their rights, under this act. Be consigned.