' This judgment will dispose of Writ Petition No,11771 of 1995 and Writ Petition No,12813 of 1995 which have been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for the quashment of F.I.R. No,425/95, dated 4-9-1995 under section 420/468/471/487, P.P.C. Read with 3/6 Essential Articles Act, 1973 registered with Police Station Nishatabad, District Faisalabad on the complaint of Ghulam Nabi Inspector C.I.A., Faisalabad.
2. The brief facts of the case are that Ghulam Nabi Inspector C.I.A. Faisalabad received information that the petitioners were engaged in the preparation of alleged spurious fertilizer in their premises.
Accordingly he firstly raided the premises of Agro Fertilizer (Pvt.) Ltd., Faisalabad and took into possession 485 bags of alleged spurious fertilizer and sent one kilo fertilizer from each bag to Agricultural Chemist (Soil Fertility), Soil Fertility Survey and Soil Testing Institute, Faisalabad. He then raided the premises of Agro Development Corporation and from there too, he took into possession 50 empty bags on which Super Gypsum Danedar was engraved, one of which was sent to the Agricultural Chemist (Soil Fertility), Soil Fertility Survey and Soil Testing Institute, Faisalabad.
3. Consequently, Ghulam Nabi, Inspector lodged First Information Report No,425/95 with Police Station Nishatabad, District Faisalabad.
'4. It was argued by the learned counsel for the petitioner that there was no Act known as Special Article Act, 1973 with which the petitioners were charged. In fact it was section 3/6 of the Punjab Essential Articles (Control) Act, 1973, which was applicable in the present case and therefore, the insertion of section 3/6 in the impugned F.I.R. Was illegal and on that score alone the same was liable to be quashed. I am afraid this argument of the learned counsel cannot be accepted. If the contents of the F.I.R. Disclose the commission of an offence which comes within the ambit of an existing Act then the existing Act shall be deemed to be applicable in the circumstances of the case. It is, therefore, held that by mentioning section 3/6 of the Special Articles Act in the F.I.R. It meant the Punjab Essential Articles (Control) Act, 1973.
5. It has next been contended by the learned counsel for the petitioners that the investigation being conducted by Ghulam Nabi, Inspector is a nullity in the eyes of law. Reliance has been placed on Ashiq alias Kaloo v. The State 1989 PCr.0 601 and Muhammad Ihsan v. The State 1991 MLD 443.
6. In 1989 PCr.LJ 601, the learned Judge of Federal Shariat Court has held that where the complainant was himself the Investigating Officer, the investigation could be biased and, therefore, the conviction and sentence passed in that case was set aside. In the latter case on the same ground, the petitioner was released on bail.
7. It has further been contended that in the report submitted by the Agricultural Chemist, Soil Fertility and Soil Testing Institute, Faisalabad, the gypsum purity was 89 to 90 per cent. And, therefore, the petitioners have committed no offence as admittedly they were selling Gypsum Danedar. Learned counsel for the petitioners vehemently contended that the impugned F.I.R. Had been registered with mala fide intention in order to humiliate and harass the petitioners. The Inspector present before me frankly admitted that the petitioners were dealing in Gypsum Danedar. The learned State Counsel has not been able to rebut the contentions of the counsel for the petitioners.
8. In so far as the investigation being conducted by the Inspector Ghulam Nabi is concerned, it has no legal value in view of the law laid down in the abovementioned cases and respectfully following the law laid down in those cases, I hold that the investigation being conducted by Ghulam Nabi, Inspector C.I.A., Faisalabad is nullity in the eye of law. Since it is conceded by the Inspector, that the petitioners are dealing in Gypsum Danedar and are not claiming to sell fertilizers, therefore, no offence is made out against them even if the contents of the F.I.R. Are admitted to be true. Learned counsel for the petitioners is right when he submits that the petitioner's company/firm were doing lawful business which is permitted under Article 18 of the Constitution of the Islamic Republic of Pakistan, 1973.
9. For all these reasons, these petitions are allowed and resultantly F.I.R. No,425/95 registered with Police Station Nishatabad, District Faisalabad 8 on 4-9-1995 is quashed. The parties are left to bear their own costs.