Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Agricultural Pesticides Ordinance, 1971

Section: 21(1),21(2)(b),22,26-A

Criminal Procedure Code (V of 1898)--- ----S. 498---Agricultural Pesticides Ordinance (II of 1971), Ss. 21(1)(2)(b), 22 & 26-A---Adulterated and substandard pesticides---Pre-arrest bail, confirmation of---Accused was holding a valid license to keep and sell the pesticides---No allegation existed against the accused that he tampered with the seals of packs---Accused was required to sell only such stock of pesticides which was duly registered in the manner provided in the statute or the rules framed thereunder---Accused had offered to sell away pesticides which were manufactured by a renowned manufacturing pesticides company---If there was deficient component, it was not the fault of accused---Investigating Officer had not verified from the manufacturing unit whether or not the pesticides recovered from the shop of accused had been prepared by the said manufacturers---Accused was only dealer of pesticides and could not be held responsible and could be treated as a witness---Main liability would lie on the shoulders of manufacturer of the substandard pesticides---Manufacturer of the alleged product had not been arrayed as accused in the present case---Accused had joined investigation and nothing was to be recovered from him---Accused was not charged with the offence covered by prohibitory clause of S.497, Cr.P.C.---No useful purpose would be served in sending the accused behind the bars---Attempt on the part of prosecution to arrest the accused alone by letting off the manufacturer of substandard pesticides was case of mala fide on its part---Accused was entitled to the concession of pre-arrest bail---Pre-arrest bail already granted to the accused was confirmed subject to his furnishing fresh bail bonds in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of Trial Court. THIS ORDER PASSED BY: HABIB ULLAH AMIR, JUSTICE:---.--- Petitioner Sohail Asghar seeks pre-arrest bail in FIR No. 383/2016 dated 09.11.2016 registered under sections 22/21-(1)(2)b/ 26-A of Agricultural Pesticide Ordinance, 1971 amended 1997 Rules 1973, at Police Station Donga Bonga, District Bahawalnagar. 2. I have heard the arguments of learned counsel for the…

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