Law:

Section:

Keywords: Procedure, Set Aside, Violation, Contravention, High Court, Conviction, Consideration, Fine, Magistrate, Interference, Examination Result: Petition dismissed JUDGMENT The applicant by this revision has challenged his conviction under sec tion 23 read with section 5-A of the West-Pakistan Pure Food Ordinance, (VII of 1960) which was upheld in appeal by the V Additional Sessions Judge, Karachi. 2. The applicant owned a Ration Shop No. 844 at Jamshed Road, Karachi, where he sold "atta" (flour) of "Desi" wheat, which was meant for human consumption. On 27th May, 1971, P. W. Atiq Ahmad, Food Inspector purchased this atta and divided the same into three equal portions and put each portion in a. Separate polythene bag which 'was sealed and labelled. Each polythene bag was again put into a separate cloth bag, which was also sealed and labelled. All this was done m the presence of Mashies and the applicant who was also present. The applicant himself signed each label pasted to the polythene bag and the cloth bag. These were all the formalities, which were required to be performed by the Inspector under the law. He thereafter sent the samples for examination to the Public Analyst who exam ined the same and gave his report that it was unfit for human consumption. The applicant wag therefore, prosecuted and ultimately convicted by the Additional City Magistrate, Karachi Municipal Corporation, Karachi, for the aforesaid offence and sentenced to undergo one year rigorous imprison ment and also to pay a fine of Rs. 1,000. 3. Mr. M. A. Kazi, learned counsel appearing for the applicant has contended that the Food Inspector who visited the shop of the applicant and secured the samples of the atta had violated the procedure laid down under rule 45 (1) lb) of the West Pakistan Pure Food Rules of 1965 and had thereby committed an illegality which had resulted in prejudicing the case of the applicant and therefore his conviction and the sentence passed against him are liable to be set aside. Rule 45 (1) (b) reads as under; "45. Packing of samples of food for analysis. (1) Samples of food for the purposes of analysis shall (a) - (b) in the case of other foods and in the…

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