The briefly stated facts of the case are that this matter arises out of the reference launched at the instance of Allah Rakha Shahid, Naib Tehsildar, Narowal, through Authority, (DCO Narowal), as per terms of Sec. 23 of the Punjab Consumer Protection Act, 2005, for allegations of installation of Bottling- Machine by M. Idrees Butt at his home, whereby, said Idrees Butt was found indulged in harmful act of preparation/manufacturing of local made LottaBottles, which were found seriously harmful and injurious to human health, hence this case.
2. It is worth to mention that during inquiry before Authority (DCO, Narowal), M. Idrees Butt was asked to submit his reply to allegations, who while submitting reply to show cause notice denied the allegations.
3. On receipt of instant reference M. Idrees Butt was asked to submit his fresh written reply to the allegations, who, while reiterating his earlier reply before Authority, (DCO, Narowal), maintained that factually his paternal nephew Abdul Waheed was used to manufacture local made bottles, while installing Bottling Machine, under a license issued by T.M.A and that his son M. Zubair was working with him as salesman. He further maintained that afterwards the local police of Narowal also registered a case FIR No. 77/2007 offences under Sec. Sec. 273,272,252,420 PPC, registered at P.S. Baddomalhi against his son in pursuance of raid and recovered a Bottling Machine, as well as, some bottles owned by his nephew Abdul Waheed and that he was involved in this case on account of local political wire poling.
In view of the stance of M. Idrees Butt, as recapitulated above both Abdul Waheed and M. Zubair were also summoned by this Court, to face the charges, who also submitted their written reply to the allegations, and admitted the allegations of installation and manufacturing of local made Lotta Bottles.
4. In support of the allegations, complainant Allah Rakha Shahid, Naib Tehsildar, Narowal, appeared as witness where-after this Court also requisitioned Challan file, as well as, recovery witnesses of Challan case in proof of the allegations, however, today respondents/accused Abdul Waheed and M. Zubair (both) opted to make their statements in order to admit the allegations, with their free will and consent; accordingly, on their request their statements were recorded. Both of the accused/respondents while making their separate statements unambiguously and unequivocally admitted the allegations against them. Ofcourse allegations and charges against them stand proved and established, whereas, none of the allegations is proved against M. Idrees Butt, who appears to have been involved in this case being elder of the other respondents/accused, even, Allah Rakha Shahid, Naib Tehsildar, Narowal, has miserably failed to establish any allegations against Idrees Butt, thus, M. Idrees Butt is, hereby, exonerated from the allegations and charges levelled against him, whereas, accused/respondent Abdul Waheed being manufacturer and owner of Karkhana is fined in sum of Rs. 40,000/- (Rupees Forty Thousand) and Accused/respondent M.
Zubair a salesman, whose case is distinguishable from other is fined in sum of Rs. 20,000/- (Rupees Twenty Thousand), with the direction that they would be bound to deposit entire fine amount imposed upon them within Ten Days positively, subject to furnishing of reasonable surety bond, failing which each of them will undergo for four months R.I. It is further clarified that incase both default in submission of surety bonds they be sent to jail.
5. The case property, Bottling Machine), 01- Dalla Miranda 02. Dalla Pepsi Bottle,
01. Dallas Team Bottles, (All full of drink), 02- Dallas empty Bottles of Pepsi-Cola alongwith 02- Tin Packs of pulp base of Ch. Ishaque Mango Brand, (Dolphin Brand), weighing 12. Kgms, out of which one Tin pack of pulp base alongwith 02 bottles of Pepsi-Cola and one of Team were previously taken by this Court, as well as, 02-Bolttles of Pepsi-Cola, previously taken into possession by the Court for sampling and now returned to Police Officer, present in the Court are confiscated to the State, which will be wasted/destroyed after expiry of period of Appeal/Revision by the Authority under intimation to this Court, with the clarification that Bottling Machine will be turned in scrap, whereas, drink in the Bottles will be wasted, however, scraped bottling Machine alongwith empty bottles will be auctioned and auction amount will be deposited in the State Treasury. The Authority DCO, Narowal), will also ensure the removal of identical products from the market within fifteen days positively under intimation to this Court. A copy of this order be also transmitted to the learned Sessions Judge, Narowal for information.
6. During the proceeding of this Case, this Court also noticed that complainant Allah Rakha Shahid, Naib Tehsildar, while appearing in the witness-Box deviated from the contents of the complaint, as well as, an other document, (Reply to show cause notice, submitted before this Court on 16-11 2007), which apparently creates the impression about the Officer that either he has played a foul game with the respondent/accused or for any other ulterior motive, best known to him and has apparently committed offence of professional misconduct. The office is directed to send copy of this order to the Authority, (DCO, Narowal), alongwith certified copies of original complaint, reply to the show cause notice, dated 16-11-2007 and evidence of the officer for initiating of Disciplinary Action against him.
File be consigned to the record room after its completion.