Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 420,468,471

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.420, 468 & 471---Cheating, forgery, using as genuine a forged document---Bail, refusal of---Both accused persons were nominated in the F.I.R.---Raid was conducted at the factory of accused persons and samples were procured by local Health Department duly signed by one of accused persons being partner---Report of Public Analyst revealed that samples were not fit for human consumption and were being sold by using the forged stickers and labels of 'Pepsi Cola'---Argument regarding false implication of accused persons at the instance of local dealer of Pepsi Cola, could not advance plea of accused in the absence of any material available on record and report of Public Analyst---Offence under S.420, P.P.C. was bailable, while rest of the offences though not bailable, but did not fall within prohibitory clause of S. 497, Cr.P.C.---Grant of bail was though a rule and refusal was an exception in cases not falling within prohibitory clause, but no hard and fast rule could be formulated in that regard---Each and every case had to be decided keeping in view its own facts and circumstances---Conduct of accused was one of the most relevant factors in such like cases while deciding the question of bail---Accused persons themselves had admitted that so many cases had been registered against them with the allegation of manufacturing and selling beverage, which according to allegation was injurious to human health---Line of distinction and demarcation had to be made between an offence committed against an individual and an offence directed against the society as a whole for the purpose of bail---Report of Public Analyst declaring the samples unfit for human consumption, clearly suggested that accused were involved in the crime against the society injurious to health of public at large attracting the provisions of West Pakistan Pure Food Ordinance, 1960---Persons involved in such like crime and that too habitual, should be dealt with by applying the law with its full force, but subject to condition of availability of incriminating evidence---Sufficient incriminating material was available to…

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