' Briefly stated the facts are that petitioner No,1 is running a Karyana Shop in Ganj Mandi, Rawalpindi for the last more than 15 years and is a member of Anjuman Arthian Karyana Dry Fruit, Ganj Mandi, Rawalpindi. Petitioner No,2 is a representative association of the shopkeepers and traders of Ganj Mandi, Rawalpindi. On 7-3-2000, respondents Nos.2 and 3 alongwith other officials of CIA Staff, Rawalpindi, conducted raid on the shop of petitioner No,1, manhandled and dragged him with the help of his other staff members. Respondents Nos.2 and 3 with the help of their staff forcibly and illegally collected all the bags containing spices from his shop and loaded the same in the police vehicle. Petitioner No,2 was forced to sit on the bags and proceeded towards CIA Staff, Rawlapindi, where respondent No,4 was summoned who illegally obtained the samples of the above-stated articles lying in the CIA Staff, Rawalpindi. On the complaint of respondent No, 3, F.LR. No .97, dated 7- 3-2000 under section 420, P.P.C. And section 6/23 of Pure Food Ordinance, 1960 was registered against petitioner No,1. On 8-3-2000, petitioner No,1 was presented before respondent No,5 by respondent No,3 for sending him to judicial remand. Counsel for petitioner No,1 contested said move and asserted that as the very registration of case was not warranted by law, so the petitioner could not be remanded to judicial lock-up and be discharged. He further asserted the F.I,R. Could be lodged only on the written complaint, of the Food Inspector notified under Pure Food Ordinance, 1960 and in the instant case, the complainant had been lodged at the instance of respondent No,3 who is A.S.-I. C.I.A. Staff, Rawalpindi. The learned Judicial Magistrate (respondent No,5) vide order, dated 8-3-2000 was pleased to discharge the petitioner but at the same time observed that if any authorized Food Inspector intends to take any legal action, on the sample already taken by respondents No,2 to 4, he could do so.
2. Through the instant writ petition, the petitioners have prayed that a writ be issued against respondents Nos.1 to 3 that they are not authorized to conduct any raid, collect samples, registered or investigate a case under the provisions of Pure Food Ordinance, 1960. They further prayed that they be ordered not to harass and victimize petitioner No,1 and members of petitioner No,2. They further prayed that last portion of the order, dated 8-3-2000 passed by respondent No,5 authorizing Food Inspector for initiating any proceedings on the basis of samples obtained by the CIA Staff may also be declared as illegal and without jurisdiction.
3. Comments of respondents Nos.1 and 4 were called and have been placed on record. It is asserted by respondent No,1 that as the petitioners have committed offence under section 420, P.P.C. Read with section 6/23 of Pure Food Ordinance, 1960, so F.I.R. Has been registered in accordance with law. He further contended that Malik Usman, Manzoor, Food Inspector collected samples from the spices lying in possession of petitioner No,1. This contention of respondent No,1 stands rebutted by respondent No,4 Malik Usman Manzoor, Food Inspector who asserted that he had not accompanied the raiding party consisting of respondents No,1 to 3 and he collected the samples of the food items at CIA Staff.
4. Arguments have been heard and record perused.
5. Learned counsel for the petitioners has reiterated his contentions contained in the writ petition, whereas the learned A.A.-G. Has supported the action taken by respondents Nos.1 to 3.
6. The only point which requires determination is, if the raid in the instant case has been conducted in accordance with law. According to sections 17 and 18 of Pure Food Ordinance, 1960, only Inspectors appointed under the Ordinance were authorised to conduct raid and obtain sample of food suspected to be adulterated or injurious to health. In the instant case, raid has been effected by respondents Nos.1 to 3 without associating even Inspector appointed under the Ordinance. To bring the case within the cognizance of police F.I.R. Has been registered under section 420, P.P.C.
Read with section 6/23 of Pure Food Ordinance, 1960. It is very strange that the raid is being effected to collect the alleged adulterated articles and the F.I.R. Is being registered under section 420, P.P.C. Read with section 6/23 of Pure Food Ordinance, 1970. The invocation of provisions of section 420 appears to have been made to bring the case within the cognizance of police and is a crude effort tainted with mala fide on the part of respondents Nos.1 to 3. Had the raid been effected by respondents Nos.1 to 3 even under the supervision of Food Inspector, no case could be registered unless Food Inspector had been appointed under the Ordinance and had been authorized to conduct raid. Admittedly, neither the raid has been conducted by the Inspector appointed under the Ordinance nor authorized on that behalf by the District Health Officer, so the entire raid proceedings have been conducted in violation of the provisions of law. Reliance is placed upon Dildar Muhammad and others v. Hafiz Sher Ali and another (1990 ALD 429).
7. In view of what has been stated here in a before, the writ petition is accepted. It is hereby declared that the raid conducted was entirely without any authority and consequently, proceedings taken in pursuance thereof i,e, the registration of case and taking of cognizance by the Court in pursuance thereof is of no legal effect, as such the observations contained in order, dated 8-3-2000 is hereby quashed.