' The petitioners seek pre-arrest bail in a case F.I.R. No,91/94, dated 24-5-1994 under sections 420, 485 and 483 and section 32 of Pure Food Ordinance, 1960 registered against them at Police Station Kuhna Khanewal.
2. According to the F.I.R., the City Magistrate, Khanewal raided the business premises of the petitioners on the direction of the Deputy Commissioner, Khanewal, on 24-5-1994. The raiding party took into possession some bottles of soft drinks like Pepsi Cola etc. ' The allegations against the petitioners that they indulged themselves in preparing and selling spurious drinks.
3. Learned counsel for the petitioners submits that the proceedings against the petitioners could be initiated on the complaint of some authorized Officer as contemplated by section 32 of the Pure Food Ordinance, 1960, whereas the City Magistrate does not hold the same status. He further submits that articles must have been taken into possession in the presence of the two respectables of the locality but in this case the raiding party consisted of police officials.
4. Learned counsel for the State opposes the bail application.
5. I have heard both the learned counsel and perused the record. It will be advantageous to reproduce section 32 of the 1960 Ordinance, which reads as under:-- "No Court shall take cognizance of any offence punishable under this Ordinance except on the report in writing of the facts constituting such offence made by a Health Officer of a Local Authority or an Inspector authorized in this behalf by a general or special order of the Director or Government!
Obviously, the City Magistrate does not figure anywhere in this section. This aspect of the matter was considered in Amer v. Muhammad Ashraf Khan and others 1992 MLD 2166, wherein it was observed that:- "Under section 16 of the West Pakistan Pure Food Ordinance, it is the Provincial Government who is to appoint a Food Inspector for the purpose of the said Ordinance who only is authorised to conduct the raids to get samples of the Foodstuffs. The constitution of ante-Adulteration Committee by the Deputy Commissioner is not a substitution of a notification to be issued by the Government under the Pure Food Ordinance for appointment of a Food Inspector therefore, his appointment as member of the said Committee constituted by the Deputy Commissioner in exercise of his Administrative powers does not amount to appointment of respondent No,1 as Food Inspector under the Pure Food Ordinance as Deputy Commissioner is not competent to make such appointments, because exclusive powers in this respect vested in the Provincial Government."
The same view was taken in Kaloo Khan v. The State 1989 P Cr. L J 2467. The circumstances of the case also tend to show that the proceedings are based upon mala fides.
' In view of the above, the petitioners' interim by this Court vide its order, dated 20-7-1994 is confirmed. Disposed of.