A case F.I.R. No.203 of 2002 dated 21-7-2002 under sections 272/273/420, P.P.C. Read with section 23 of the Pure Food-stuffs Act, 1960, has been registered against the petitioner at Police Station Saddar Barooni, District Rawalpindi.
2. On spy information, Nazir Ahmed, A S. -I. While forming a raiding party made a raid in Dhoke Lakhan, Dhamial Road, Lala Rukh Colony, in a bungalow and found fitted machinery for preparing adulterated Soda water bottles and arrested the petitioner alongwith three persons namely Allah Ditta, Asghar Javed and Amanat Ali who were filling the adulterated bottles. The police had taken into possession the machinery alongwith other equipments, and a Suzuki vehicle bearing No.4225/RIN. The petitioner seeks quashment of the aforesaid F.I.R. Through the instant writ petition.
3. Learned counsel for the petitioner has contended that the notified Inspector and the District Health Officer could only make the raid and take the sample of alleged adulterated beverage and on their complaint, the case could be registered. Further contended that the police functionaries have no authority to make the raid, register the case, and take into possession the machinery/equipments and other material.
4. On the other hand, the learned Assistant Advocate General vehemently opposed the quashment of the F. I. R.
5. I have heard the arguments of the learned counsel for the parties and perused the record. The case has been registered under section 23 of the Pure Food Ordinance, 1960 read with sections 272, 273 and 420, P.P.C. The provisions of sections 13, and 17 to 19 of the Pure Food Ordinance, 1960, empowers the Health Officer and Inspector appointed by the Government through search of any vehicle or package of any food E intended for sale, may obtain sample of any food, which is injurious to human health unwholesome for human consumption and may enter into and inspect any market, godown, shop or other place used for the sale of any food intended for human consumption or for the preparation, manufacture or storage of any such food for the purposes of trade or sale may proceed against the persons, who contravened the provisions of the Ordinance.
The Government in relation to any matter appearing to it to effect the general interest of the consumer of any food, direct any public servant to procure for analysis samples of such food and thereupon such public servant shall have all the powers of an Inspector under this Ordinance and the public servant upon receiving the certificate of the Public Analyst shall take proceedings or cause proceedings to be taken as if he himself had caused such analysis to be made.
6. According to the provisions of section 21 of the Pure Food Ordinance, the Public Analyst upon receiving any food or sample of food from the Inspector shall, as soon as possible, analyse the same and deliver or send to the Inspector forwarding the sample on payment of such fees as may be prescribed, a certificate in the form specified in the Schedule showing the result of the analysis.
7. From the plain reading of the above provisions of law, it is manifestly clear that the Health Officer, Inspector, or any public servant authorized by the Government may proceed against the person. If the sample of food obtained from him was found by the Public Analyst to be adulterated under the Pure Food Ordinance except the above mentioned persons, none empowered the police functionaries to take sample and proceed or register a case against any person. In case of Dildar Muhammad etc. v. Hafiz Sher Ali, etc. (1990 ALD 429). This Court has declared the registration of the cases and taking cognizance of the cases in pursuance thereof, no legal effect and quashed the proceedings pending before the Court. It was observed by the Hon'ble Judge that the Inspector appointed under the above-said Ordinance alone is authorized to conduct raid and obtain samples of food suspected to be adulterated or injurious to the human health and the raid conducted by the Magistrate in the company of local police would be unwarranted, as neither a Magistrate nor the local police officer is Inspector within the meaning of section 32. The addition of sections of Pakistan Penal Code and Food--stuffs (Control) Act in order to make action warranted by law was declared unwarranted under Pure Food Ordinance and it was held that the addition of such offences was done with mala fide intention. In another case Muhammad Akram etc. v. The State (1991 M LD 1761), it was held that where in a case neither the Health Officer nor the notified officer made a report nor a complaint, the conviction and sentence was set aside. In Mubarik Ali v.
The State (1969 PCr.LJ 404), it was declared that the complaint lodged by the Food Inspector without having been authorized to do so under section 32 of the Ordinance, the Court was not competent to take cognizance of the offence on such complaint and the conviction and sentence was set aside.
8. From the contents of the F.I.R., offence under section 420, P.P.C. Is not constituted as there is no material on record that any one has cheated dishonestly induced a person deceived to deliver any property to any person or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed and which is capable of being converted into a valuable security.
9. As to the offences under sections 272 and 273, P.P.C., the drinks or beverages took into possession by the police have not been declared by any Government Public Analyst to be noxious and without getting it determined by the Analyst, no action could be initiated against the petitioner. The offences under sections 272 and 273, P.P.C. Are non--cognizable and to bring the case into cognizable offence under section 420, P.P.C. Has mala fidely been added by the prosecution in the F. I. R.
10. The learned Law Officer when confronted with the above arguments could not rebut the same.
11. For the foregoing reasons, this writ petition is accepted and the F.I.R. No.203 of 2002 registered under section 23 of the Pure Food Ordinance, 1960 read with sections 272/273/420, P.P.C. At Police Station Saddar Berooni, Rawalpindi, is declared to have no legal effect, without lawful authority and based on mala fide, which is hereby quashed.