This is an application under section 561-A, Cr. P. C. For quashing the proceedings of a criminal case started on a complaint for offence under section 6 (1) (9-C) read With section 23 of West Pakistan Pure Food Ordinance, 1960 (Ordinance VII of 1960). This complaint had been filed by the Assistant Health Officer, K. M. C. Against (1) Ismail son of Usman, and (2) Abdul Aziz Mohammad, for having directly and indirectly sold edible katha which was not of the nature, substance or quality which it purported to be. The sample was taken on 10-6-1974, from Ismail son of Usman applicant No. 1. In the declaration he mentioned the name of the proprietor as "Abdul Aziz Mohammad". The sample on being analysed was found to be an artificial product not prepared from ACACIA CATECHU and contained 14.8 % more ash due to the presence of sand particles. It was, therefore, non-genuine katha.
2. It has been argued by Mr. N. K. Jatoi on behalf of the applicants that Abdul Aziz son of Mohammad against whom the complaint has been filed is not even a partner in the firm of proprietors of this concern but he is a minor son of Mohammad who was a partner but who has since died. That as such Abdul Aziz could not have been included as an accused person. The learned Advocate has produced the certificate of registration of the firm known as Abdul Aziz Mohammad. There are six partners in this firm, namely, (i) Mohammad Abdullah, (ii) Ahmad Abdullah, (iii) Yousuf Abdullah, (iv) Ismail Abdullah, (v) Abdul Ghaffar Abdullah and (vi) Abdul Majid Abdullah.
3. It is a usual practice with the business communities in Karachi to keep the name of a minor child as their firm name in order not to disclose the names of the actual partners or proprietors, except to the Registrar of firms The declaration of Ismail the person who actually sold the sample, disclosed the firm name, Abdul Aziz Mohammad. This was taken as the name of the owner and he was, therefore, prosecuted. It was the duty of the Authorities to have ascertained the names of the partners of this firm and to have prosecuted them instead of the firm itself. The minor boy of the eldest brother whose name is identical with the firm name was, however, not meant to be prosecuted as an accused person. If the proceedings have been started against the boy, then these proceedings as against him are without justi--fication. It would, however, be open to the complainant to take further steps, to join the managing partners of the firm for having indirectly sold the sample. The persons responsible for these prosecutions should file such complaints after proper enquiries and after obtaining evidence against the proprietors with whose knowledge or connivance the adultrated articles are actually sold by their servants.
4. It has next been argued that what was sold by this firm was the product known as Cutch & Gambier. That this product was being imported by the firm for use in tanneries. That the product was not being sold as katha for pans. Kutch or Gambir (Gambier) are the products of a plant known as "Catechu". The plant is a native of Malaya and Indonesia. The young leafy twigs of the plant are cut off and boiled in water for about 3 hours. The liquid is then evaporated and set in tins or trays. It is then cut into cubes. Kutch and Gambier are used in medicine as astringents and also in and tanning particularly fishingnets. Several other forms of this dyeing product are used in the east for chewing with betal leaf. Thus Cutch and Gambir are vegetable product (Textbook of pharmacognosy IX edition by George Edward Trease & William Charls Even P/631). Even if the article was sold as Cutch and gambier the product on analysis was found to be adulterated. The report of the public analyst showed that it was not prepared from Catechu but an artificial product.
Therefore, it was not of the nature, substance or quality sold as cutch gambier. It cannot, therefore, be said that on the face of they complaint no offence under the West Pakistan Pure Food Ordinance appears to have been committed. This is a matter of evidence as to what form of cutch gambier is used as edible katha for chewing with pans.
5. Thus what was meant by Abdul Aziz Mohammad as mentioned in complaint as accused No. 2 was the firm of Abdul Aziz Mohammad and and not the minor boy or son of the eldest partner Mohammad. If the proceedings have been started against the boy then such proceedings as against the boy are hereby quashed. But for this modification the petition is otherwise dismissed.