Through instant petition under Section 498, Cr.P.C., petitioners Muhammad Ajmal and Nadeem Ahmed Khan has sought the premium of bail before arrest in case FIR No, 619 dated 17.8.2017, in respect of offences under Sections 21(A) & 23(a) of the Agriculture Pesticide Ordinance, 1971 amended 1997, Rules 1973 and Sections 21A & 26-A of the Agricultural Pesticide Ordinance, 1971 amended 1997, 2012 & Rules 1973, registered at Police Station, Muzaffarabad District Multan.
2. The allegation against the petitioners, as contained in the FIR, is that on 17.8.2017 the complainant being an Assistant Director Pest Warning & Quality Control of Pesticides, Multan had conducted raid at the store situated at E-1, Industrial Estate, Multan where the petitioner was present having expired 260-packets of Chlorfenapyer 36% SC with the forged label of Imporer as Hextar Chemical Enterprises, new Garden Town, Lahore. The complainant had separated samples from three other pesticide for analysis for which the Storekeeper could not produce legal documents.
3. I have heard learned counsel for the petitioners, learned Deputy Prosecutor General and have perused the record.
4. Bare perusal of the crime report shows that Petitioner No, I/Muhammad Ajmal being store- keeper and Petitioner No, 2/Nadeem Ahmed Khan being Regional Manager are named in the crime report alongwith one Rehram Ratan Shah (CEO) R.B. Avari with the allegation that they had used the fake label of Hextar Chemicals Enterprises, New Garden Twon, Lahore. The report with regard to the samples sent by the complainant to the Government Analyst has been received with the result of "Qualifies", which is according to the required standard. So far as the allegation of using the fake labels of aforesaid company is concerned, during investigation the representative of the Hextar Chemical enterprises had disowned their label on the bottles in question but the said company did not opt to initiate proceeding against the owner of warehouse i,e, M/s. R.B. Avari Enterprises, Multan.
It is yet to be determined whether the representative of Hextar Enterprises was shifting the responsibility upon the shoulders of the present petitioners or actually they had , delivered the pesticides in issue, which can only be determined by the learned Trial Court after recording the evidence. It is also the matter . of further probe and inquiry that the expired pesticides in issue had been stored for the purpose of sale or its destruction. It has been admitted by all hands that the owner of the said warehouse had not been associated with the investigation of this case. In the peculiar circumstances, of the case, mala fide and ulterior motive on part of the complainant to falsely implicate the.petitioners in this case cannot be ruled out of consideration. Nothing is required to be recovered from the petitioners and insistence of the Investigating Officer upon their arrest appears to be unnecessary and, thus, smacking of bad faith.
In view of what has been discussed above, the petition in hand is allowed and the concession of ad interim pre-arrest bail already granted to the petitioner stands confirmed subject to their furnishing fresh bail bonds in the sum of Rs, 100,000/- (one lac) each with one surety each in the like amount to the satisfaction of the trial Court.