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2004 YLR 2424

GHULAM SHABBIR and another vs THE STATE

Citation2004 YLR 2424
CourtLahore High Court
Case No.Crl. Misc. No.1249-B of 2002/BWP and 1339-B of 2003
Date2003-11-20
Judge(s)Muhammad Farrukh Mehmood
ResultBail granted

ORDER

' Ghulam Shabbir and Shahzad Aslam petitioners through Cr. M. No.1249-B of 2000 and Muhammad Abbas and Khalil Ahmad petitioners through Cr. M. No. 1339-B of 2003 have sought their post-arrest bait in case F.I.R. No.323 registered at Police Station City, Ahmadpur East on 15-9-2003 for an offence under section 21(a) of Agricultural Pesticide Ordinance, 1971 as amended by Act No.XXXIX of 1997. Subsequently sections 21(2)(a) and 23(a)(b) of the said Ordinance were added.

2. Precisely, the allegation against the petitioner is that on secret information the complainant formulated a raiding party and caught red-handed while they were selling pesticide without having a licence to sell the same. The pesticide was taken into possession by the complainant and samples were sent to the chemical laboratory. According to the report of the Pesticide Testing Laboratory the medicine was found to be adultered.

3. I have heard the learned counsel for the parties and have also gone through the record of the case. It has been noticed that the petitioners have been sent to judicial lock-up after completion of investigation; none of the offences attracts the prohibitory clause of section 497, Cr.P.C., the petitioners are not previous convict. In the, circumstances following the dictum laid down by this Court in Muhammad Ameer v. The State (1973 PCr.LJ 205), I admit the petitioners to bail subject to their furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the Trial Court .

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