In this Constitutional petition, the petitioner seeks quashment of case registered through. F.I.R.
No.303 dated 26-11-1991, under section 420/468/471, P.P.C, and section 16 of the M.P.O.
2. The main argument presented by the learned counsel fox the petitioner in support of this petition was that the case is covered by West Pakistan Pure Food Ordinance, 1960 which being a special law therefore, the case could only be registered under the said Ordinance under which only Food Inspector appointed by the Government could conduct the raid and take samples of Food Stuff in order to ascertain whether the same was adulterated.
3. I have gone through the-F.I.R. In which an allegation has been made that it was represented to the buyer that the seller of the tea in question had got agency of Supreme Mirgeena Rich Bru Tea and he made the purchasers to believe that the tea which he was selling was the genuine tea of the said company. Subsequently it was found that after filling different tea in the boxes he was selling a tea of inferior quality making the purchaser to believe that he was purchasing genuine Supreme Mirgeena Rich Bru Tea. No doubt it has also been stated in the F.I.R. That the said tea had also been found to be injurious to the health as the same was adulterated.
4. So far as the allegations that the seller of the tea made the purchasers to believe that he was purchasing genuine Supreme Mirgeena Rich Bru Tea whereas it was allegedly not, does not fall within the scope of Pure Food Ordinance therefore, a case could be registered under the ordinary law as such registration of the case through the impugned F.I.R. Under sections 420/468/471, P.P.C.
Cannot be taken exception to at this stage. I am however, in agreement with the learned counsel for the petitioner that section 16, M.P.O. Was not attracted which fact was also candidly conceded by the 13 learned Asstt. Advocate-General when asked to justify the registration of the case under the said section.
5. Learned counsel for the petitioner says that the case has been got registered with mala fide intention and only a stock witness has been cited therefore the same may be quashed. The case is still being investigated. The petitioner may join the investigation and produce material before the Investigating officer who shall take into consideration the defence version and come to the conclusion whether it is a case in which challan should be submitted. Even if the challan is submitted the petitioner has a remedy to move the Court under section 249-A, Cr.P.C. At this stage, I am not inclined to exercise my discretion for quashment of the case on the ground of mala fides.
6. The writ petition is partly accepted. The inclusion of section 16, M.P.O. In the impugned F.I.R. And further proceedings regarding the said offence arc hereby declared to be without lawful authority and the respondents arc directed to delete the said section from the F.I.R. And for the remaining the writ petition is dismissed with no order as to costs.
N.H.Q./M-425/L