Law:

Section:

Extra‑Assistant Director (Extension) Agriculture, Toba Tek Singh, raided business premises of Messrs Usman Traders, Grain Market, Toba Tek Singh, and took into possession sample of pesticides ‑‑‑ Alpha Cypher Methrine in presence of its owner Rana Muhammad Saleem. One sample of the pesticide was sent to Agricultural Chemist Laboratory, Faisalabad, and another to Advisor, Director, Ministry of Food and Agricultural Department of Plant Protection, Jinnah Avenue, Karachi for analysis. The results revealed that pesticides recovered from the business house of Rana Muhammad Saleem were of substandard quality and were found to be adulterated. As a consequence F. I. R. No. 170, dated 6‑5‑1998 under sections 21(a) and 22 Pesticides Act. 1997, was registered against Rana Muhammad Saleem.   The accused was tried in the Court of Sub‑Divisional Magistrate, Toba Tek Singh, where prosecution examined six witnesses. The relevant reports were also tendered in evidence. The accused under section 342, Cr.P.C. denied prosecution case against him and stated that the Assistant Director had demanded a sum of Rs.10,000 from him and on his refusal to pay the money, this case was made against him. The accused also produced copy of another report Exh.D.A. of National Project Ifirector, Ecotoxicology Research Institute, NARC, Islamabad, which showed that the sample analyzed by the Institute was specified quality. The trial Court took into consideration report Exh.D.A., of National Director Ecotoxicology Research Institute (NARC) and acquitted the accused vide judgment. dared 26‑3‑2000.   The State submitted appeal which was admitted to hearing on 13‑12‑2000. Learned Assistant Advocate‑General as well as the learned counsel for the respondent have been heard in the matter.   Learned Assistant Advocate‑General submitted that the prosecution proved its case beyond any reasonable doubt when the reports of the Government Analyst tendered in evidence, showed the samples of pesticides recovered from the possession of the respondent‑acquitted accused to be adulterated and of substandard quality. It was submitted that Exh.D.A. relied upon by the trial…