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2012 MLD 77

SAIF-UR-REHMAN and another vs THE STATE through S.H.O. P.S. Neelor,

Citation2012 MLD 77
CourtIslamabad High Court
Case No.Criminal Miscellaneous No, 491-B of 2011
Date2011-09-13
Judge(s)Riaz Ahmad Khan
ResultBail granted

ORDER

' RIAZ AHMED KHAN, J.---Saif-ur-Rehman and Muhammad Mudassar petitioners have been charged in case F.I.R. No,88 of 2011, dated 6-8-2011, under section 3/6 of Food Stuffs (Control) Act, 1958/ Pure Food Ordinance, 1960, 420/468/471 ,P.P.C., Police Station Neelor, Islamabad.

2. The allegation against the petitioners is that they were found preparing adulterated cold drinks and on the spot gas cylinder, packing machine and other ingredients were recovered from them, hence the present case.

3. The petitioners were refused bail by the learned Duty Judicial Magistrate Section 30 vide order dated 16-8-2011 and then by the learned Additional Sessions Judge, Islamabad vide order dated 22-8-2011, hence the present petition.

4. I have heard learned counsel for the parties and have also perused the record.

5. In the present case, Food Stuffs (Control) Act, 1958 is not applicable, whereas section 23 of the Pure Food Ordinance, 1960 is applicable and the punishment for the offence is one year. No adulterated food was recovered and the recovery of other ingredients would make the case of the petitioners one of further enquiry. In the circumstances, this petition is accepted. Petitioners be released on bail, provided they furnish bail bonds in the sum of Rs,1,00,000 each with one surety each in the like amount to the satisfaction of learned Trial Court.

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