Law: Criminal Procedure Code (V of 1898)

Section: 439

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

Section: 6(1) (b) (c)

Criminal Procedure Code (V of 1898) S, 439-Revision (Criminal)-Applicant convicted for selling non-genuine Sarson oil-but two reports of analyst showing samples being of Tili oil-Samples having been found to be of Tili oil and Tili oil being superior to Sarson oil in value, conviction on basis of selling non genuine Sarson oil held, not Justified and set aside, in circumstances West Pakistan Pure Food Ordinance (VII of 1960), S.6 (1) (b) (c). Data of haring: 20th November, 1979.                                                                                                                             JUDGMENT This is an application for revising the order of K.M.C Magistrate Karachi under section 6(1) (b) (c) of West Pakistan Pure Food ordinance 1960, sentencing the applicant to one year R.I and a fine of Rs, 1,000 or in default to suffer further R.I. for three months. It also calls in question the order of Sessions Judge Karachi dated 25th November, 1973 dismissing the Cr. Appeal No 215/93 arising out of his conviction. I have hard Ch. Nazeer Ahmed for the applicant and Mr. Mazharul Haq Hassan Ali, Asst. A.G. for the State. The K.M.C. Inspector Wasiuzzaman had taken the two samples of Sarson oil and Tili oil from the shop of the applicant. The Sarson oil was purchased at 1.31 rupees and Tili oil 1.69 rupees as shown in Exh. 5.B. This clearly stipulates that Tili oil is considered to be superior than the Sarson oil the sample of Sarson oil was found to be deficient by the Chemical Analyst vide Exh. 2.D and she found the following value. S.A.P. Value 188.6. Iodine value. 105.2. Bauduin s test Negative. At the end the analyst stated that the sample was of Tili oil The accused in his statement had taken the position that he had sold only Tili oil and had not sold Sarson oil to the Inspector. The learned Sessions Judge sent the second sample of oil which had…