Case Details

Citation(s)
2026 SLG 4625 = 2026 SLD 4625 = 2026 PLJ 545
Lahore High Court, Bahawalpur Bench, Bahalwalpur
Crl. Misc. No. 5480-B of 2025/BWP
Presented By: Muhammad Waheed Khan JUDGE
Mr. Ejaz Hussain Mughal, Advocate with Petitioner. Mr. Javed Iqbal Bhaaya, Assistant District Public Prosecutor with Fayyaz SP (Investigation), Akmal DSP and Ahmad SI/SHO. Complainant Rehan Alam, Assistant Director Agriculture (Extension), Bahawalnagar (Assistant Controller Fertilizer). Mr. Muhammad Jamil Ghauri, Chief Agriculture Officer/ Director Agriculture (Extension) Bahawalpur, Bahawalpur Division. Date of hearing: 25.2.2026

MUHAMMAD ARSHAD--Appellant

VERSUS

STATE, etc.--Respondents

Law: Code of Criminal Procedure, 1898

Section: 498

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Punjab Fertilizers Control Act, 2025 (XLIII of 2025), Ss. 10(1), 36(1)(b) & 39--Pre-arrest bail--Allegation of--Supplier or manufacturer of fake fertilizers pesticides--Only shop keepers or drivers of vehicles/tankers were booked and Investigating Agency has never bother to trace suppliers or manufacturers of substandard or misbranded, unsafe food, adulterated and expired food including milk, which has been declared unwholesome and not fit for human consumption--Similar is position in cases registered under Drug Act, 1976, against owners as well as workers of medical stores/pharmacies, on allegation of having spurious, misbranded, unregistered, expired and substandard medicines and when Drug Inspectors and Investigating Agency are confronted about tracing out units/factories--While adjudicating upon cases regarding trafficking of narcotics drugs registered under Control of Narcotics Substances Act, 1997, wherein focus should have been on dismantling enablers and not just street level actors like carriers and drug paddlers--During adjudication of those cases that concerned department and Investigating Agencies had turned a blind eye to issue and they feel quite satisfied to book and arrest street level persons instead of mastermind/principal offenders--The Inspector General of Police Punjab and Secretary Agriculture Punjab are directed to hold meetings with quarters concerned and attend concerns shown by Court, and also adhere to mechanism provided under Act and afore referred SOPs, already drafted by concerned authorities, strictly in accordance with law--It is straightway apprised to Court that since Investigating Agency has not decided fate of petitioner whether he would be arrayed as an accused or would be one of prosecution witnesses in this case, so in that eventuality, police is not intending to arrest him in this case and his arrest is held in abeyance--On this, counsel for petitioner does not press this petition on merits, which is disposed of as such.…
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