Law: West Pakistan Foodstuffs (Control) Act, (XX of 1958)

Section: 6, 10

Law: Penal Code (XLV of 1860)

Section: 21

Law: Criminal Procedure Code (V of 1898)

Section: 173, 190

West Pakistan Foodstuffs (Control) Act (XX of 1958) S. 6 read with S. 10, Penal Code (XLV of 1860), S. 21 and Criminal Procedure Code (V of 1898), Ss. 173 & 190-Complaint by public servant-Every individual not permitted to move Court for offence under Act XX of 1958-Court could take cognizance of offence only . on report of public servant defined in S. 21, P. P. C.-Investigating police officer making report under S. 173, Cr. P. C.-Not such public servant-Proposition that even private person could bring Court's machinery into motion by lodging F. 1. R. and getting challan submit ted-Amounts to circumvention of provisions of S. 10, Act XX of 1958-Criminal Procedure Code (V of 1898), S. 561-A. Section 10 of the West Pakistan Foodstuffs (Control) Act; 1958, places' a restriction on the Court's power to take cognizance of an offence punishable .under the said Act, similar to that placed by section 190, Code of Criminal Procedure, 1898. It provides that every one should not be permitted to move the Court and it is only on the report of the `pubic servant' as defined in section 21, P. P. C. Oat the Court can take cognizance of such cases. If the intention of the Legislature vas to Prevent the harassment of persona dealing with the foodstuffs and for this purpose it has specialty provided in section 10 of the West Pakistan Foodstuffs (Control) Act, 1958 that no one except a `public servant' can move the Court in connection with an offence under the said Act committed by them, then to say that even a private person could bring the machinery of the Court into motion by lodging -an F. I. R. would amount to circumventing the provisions of section 10 of the said Act. If this contention is to be accepted as correct then there would be no difference between offences under the West Pakistan Foodstuffs, (Control) Act, 1958 and other offence envisaged by clause (b) of section 190; Cr. P.. C.                                                                            …