A criminal case under sections 420/487, 273/488 and 272, P.P.C. And section 6 of the Pure Food Act of 1964, was registered against Abdul Karim on the statement of Mr. Nasim Sadiq, Magistrate, 1st Class, Okara on 5-1-1991, with Police Station B-Division, Okara. Allegations are that petitioner had established a fake factory wherein he was manufacturing fake Desi Ghee. 1n other words precise allegation against the petitioner is that he was using curd and caustic alongwith `Banaspati' Ghee in the `Deli' Ghee. The utensils being used by the petitioner in his factory were taken into possession as a proof, by the raiding party which was headed by Mr. Nasim Sadiq, Magistrate 1st Class. The case is still at the investigation stage. Learned counsel contends that learned Magistrate was not at all competent to conduct a raid upon the premises of the petitioner with a view to register the case in hand against him. He argues that the complainant Magistrate was not Food Inspector within the meaning of the provisions of Pure Food Act, 1964. He maintains that the registration of a case against the petitioner is wholly without lawful authority and of no legal effect. Learned counsel has placed reliance on the rule laid down in unreported judgment of this Court in Writ Petition No.2748/78 titled "Sh. Riaz Ahmad v. Haji Muhammad Siddique, Magistrate 1st Class, Faisalabad, etc." In this judgment, it was held that the learned Magistrate was not authorised to act as a Food Inspector within the meaning of law to misconduct the raid. The proceedings taken in the criminal case having been registered in that case were quashed. The learned Law Officer opposes the petition. He submits that a heinous offence has been committed by the petitioner inasmuch as adulterated fake ghee is being supplied by him to the public-at-large at the cost of their health.
2. I am in agreement with learned Law Officer inasmuch as the allegation was very serious in nature having been levelled against the petitioner. The fact remains that the Magistrate Nasim Sadiq was not competent to act as a Food Inspector within the meaning of law. Precisely, it was held by this Court in the precedent case that the Magistrate was not competent to Conduct raid.
This being so, respectfully following the precedent case, 1 proceed to declare the registration of a case against the accused as without lawful authority and of no legal effect. Petition succeeds and is allowed.