Law:

Section:

Criminal Procedure Code (V of 1898)----S. 498---Punjab Fertilizers (Control) Order, 1973, para. 18(1)---Punjab Essential Articles (Control) Act (XVII of 1973), S. 6(1)---Sale of adulterated and fake fertilizers---Ad interim pre-arrest bail, confirmation of---Accused was a fertilizer dealer and when officials of Agriculture department raided his shop, they found him in possession of substandard fertilizer---Delay of two months in lodging of F.I.R. was not explained---Accused was only a fertilizer dealer but not manufacturer of the same---Offence alleged did not attract prohibition contained in S. 497(1), Cr.P.C.---Ad interim pre-arrest bail already granted to accused was confirmed in circumstances. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this petition filed in terms of section 498 Cr.P.C, the petitioner seeks his pre-arrest bail in case bearing F.I.R. No.480 of 2013, dated 3-12-2013, offence under section 6(1) of the Punjab Essential Articles (Control) Act, 1973 and 18(1) of Punjab Fertilizer (Control) Order, 1973, registered with Police Station Pir Mehal, District Toba Tek Singh. 2. Allegation against the petitioner, in brief, as per contents of the F.I.R., is that on 29-11-2013, the complainant along with officials of Agriculture Department raided the shop of the petitioner and took samples weighing 300 grams from the fertilizer SSP 181, lying therein, which was sent to the quarter concerned for chemical analysis. According to laboratory report the fertilizer was found to be substandard. 3. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the case by the complainant against the actual facts and circumstances with mala fide intention. Further contends that there is delay of more than two months in lodging of the crime report for which no plausible explanation has been rendered. Also contends that the petitioner is a fertilizer dealer and he received sealed bags of fertilizer from one Muhammad Nadeem, salesman of the company. It is argued that the petitioner has no nexus with the crime alleged, otherwise, the offence alleged to have…

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