SYED MAZAHAR ALI AKBAR NAQVI, J.---By means of instant petition, the petitioners have sought quashing of F.I.R. No,443/2005, dated 6-7-2005, offence under sections 420, 468, 471,P.P.C. Read with section 6 of the Fertilizers Act, 1973 and section 18 of the Punjab Fertilizer (Control) Order, 1999, registered at Police Station Pindi Bhattian, District Hafizabad.
2. Facts of the case are that the police party was present in connection with patrolling; where they received information about a factory where substandard fertilizer was being prepared. The police party raided the factory and apprehended the petitioners, however, Mian' Wasif Rasheed, owner of the factory could not be arrested. Later on the police party astonishingly declared Mian Wasif Rasheed, owner of the factory, innocent and challaned the petitioners.
3. Learned counsel for the petitioner submits that the petitioners are poor labourers who had nothing to do with the business of fertilizer rather they were earning their livelihood by doing labour in the factory. Astonishingly, Mian Wasif Rasheed, owner of the factory, where the petitioners were working. Was declared innocent by the police during the course of investigation. It is further submitted that the petitioners are illiterate/uneducated who were just doing labour and they had no knowledge that what quality of fertilizer was being prepared there. It is next argued that samples taken by the Investigating Officer were in contravention of sections 19 and 20 of the Punjab Fertilizer (Control) Order, 1973. It is also argued that the petitioners being mere workers/labourers had no criminal intent and the alleged offence being committed could only be attributed to the owner of the factory, who was declared innocent by the police, hence further proceedings against the petitioners are nothing but futile exercise/abuse of process of law and wastage of valuable time of the courts. Moreover, in such circumstances it cannot be said by any stretch of imagination that the petitioners can be convicted in any manner as the charge against the petitioners is groundless. Learned counsel for the petitioners has also produced copy of order dated 6-12-1995 passed in Writ Petition No,12146 of 1995, wherein while entertaining a similar matter, F.I.R. No,425/1995, dated 4-9-1995, registered at Police Station Nishatabad, Faisalabad, under sections 420, 468, 471, 487, P.P.C., read with sections 3, 6 (Special Articles Act, 1973) was quashed.
4. On the other hand, learned D.P.-G. Has vehemently opposed this petition. It is contended that the High Court has no jurisdiction whatsoever to take the role of Investigating Agency and to quash the F.I.R. While exercising constitutional jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
5. Arguments led by both the parties have been heard. I have also gone through the record available on file, law on the subject as well as order dated 6-13-1995 passed in Writ Petition No,12146 of 1995.
6. The F.I.R. As well as report prepared under section 173, Cr.P.C. Has been perused in the Court.
There is no denial to the fact that all the petitioners are illiterate/uneducated persons, labourers by profession and it cannot be said that they might be having knowledge about what kind/standard of fertilizer was being prepared there. At the most the offence under sections 420, 468, 471, P.P.C.
Read with section 6 of the Fertilizers Act, 1973 and section 18 of the Punjab Fertilizer (Control) Order, 1999 could be attributed to Mian Wasif Rasheed, owner of the factory, who astonishingly was declared innocent by the police. The petitioners, who are labourers/workers by profession, can by no stretch of imagination be said that they were having any criminal intent. In a similar matter, in terms of order dated 6-12-1995 passed in Writ Petition No,12146 of 1995; F.I.R. No,425 of 1995, dated 4- 9-1995, registered at Police Station Nishatabad, Faisalabad, under sections 420, 468, 471 and 487, P.P.C. Read with sections 3 and 6 (Special Article Act, 1973) was quashed.
7. Moreover, perusal of report prepared under section 173, Cr.P.C. Reveals that the investigation of the case was conducted by an A.S.-I., which is in clear contravention of section 4 of the Punjab Essential Articles (Control) Act, 1973, whereby a gazetted officer should have investigated the case.
When confronted learned D.P.-G. Failed to satisfy the court that if the main accused/owner of the factory was declared innocent by the police, what was the material with the police/Investigating Officer against the labourers, which may ultimately lead to their conviction.
8. Having seen the case from every angle, I am persuaded to hold that further proceedings in the impugned F.I.R. Would be futile exercise and in such circumstances of the case, there is no likelihood that the petitioners can be convicted. Resultantly, by allowing this petition, F.I.R. No,443/ 2005, dated 6-7-2005, offence under sections 420, 468, 471, P.P.C. Read with section 6 of the Fertilizer Act, 1973 and section 18 of the Punjab Fertilizer (Control) Order, 1999, registered at Police Station Pindi Bhattian, District Hafizabad is hereby quashed.