Law: West Pakistan Pare Food Ordinance (VII of 1960)

Section: 20(2), 19

(a) West Pakistan Pure Food Rules, 1965 R. 39 InterpretationRule 39  Not merely directory but also mandatoryFood Inspector, held, cannot by himself without any supporting evidence initiate proceedings against a person in possession of articles of food. (b) West Pakistan Pure Food Rules, 1965 R. 39 EvidenceCorroborationEvidence of Food Inspector without corroborating evidenceNot to be accepted as gospel truth Persons doing executive duties, held, interested parties to proceedings and their evidence requires corroboration from other evidence as well. (c) West Pakistan Pure Food Ordinance (II of 1960)  Ss. 20 ;2) & 19 Method of taking samples  IntentionIntention behind prescribing method of taking samples and dividing up same into three parts : for checking and counterchecking report of Public AnalystIdea of giving one sample to accused person intended for his protection to enable him to have it analysed privately in accordance with provisions of S. 19 of Ordinance for purpose of producing evidence at trial to contradict report of Public Analyst. Date of hearing: 9th February, 1980.                                                                                                           JUDGMENT The petitioner Mubarak Din seas tried and convicted under section 23 of the West Pakistan Pure Food Ordinance, 1960, for violating the provisions of section 6 of the said Ordinance and sentenced by the Magistrate, First Class, Nowshera to undergo rigorous imprisonment for three months and to pay a fine of Rs. 2,000 or in default to undergo further rigorous imprisonment for two months. His appeal to the Court of Sessions having been dismissed by the Additional Sessions Judge, Nowshera, he has come up in revision to this Court. 2. The facts admitted before me during the course of arguments and as disclosed from the evidence are that on 19th November, 1978 Masai Khan, Food Inspector, Nowshera…