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

Section: 10

Law: West Pakistan Pure Food Ordinance (VII of 1560)

Section: 6,23

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) West Pakistan Pure Food Ordinance (VII of 1960)---   -----, S. 10 read with West Pakistan Pure Food Rules, r. 39 - Procedure laid down in r. 39 for seizure of unsound food-Principles of rule applicable in obtaining samples of any food under Ordinance-Samples must be obtained in presence of mashirs and, if practicable, of owner of articles- West Pakistan Pure Food Ordinance (VII of 1560), Ss. 6 & 23.   Rule 39 of the West Pakistan Pure Food Rules, no doubt lays down the procedure for seizure of unsound food and not when samples of food and ghee are obtained by a Food Inspector. Nevertheless, the principle of this rule could apply when a sample of food or ghee is obtained by a Food Inspector. The samples should be obtained in presence of mashirs and should be sealed in presence of the parties concerned.   (b) Criminal Procedure Code (V of 1898)-----   --- S. 417-Appeal against acquittal-Cannot lie on question of fact only-Principles to followed in dealing with acquittal appeal.   No acquittal appeal can lie on the question of fact only. While deciding appeal against acquittal the Court must take into consideration the following factors:   the view of the trial Judge as to the credibility of the witnesses,   the presumption of innocence in favour of the accused, the presumption certainlynot weakened by the fact that he has been acquitted at his trial,   the right of an accused to the benefit of any doubt,   the slowness of an appellate Court in disturbing the finding of fact arrived at by aJudge who had the advantage of seeing the witnesses.   The Court, in appeal against acquittal, therefore, has to be extra cautious in accepting the evidence led on behalf of the prosecution.   Sheo Swarup v. King Emperor A I R 1934 P C 227 (2) and Criminal Appeal No. 27 of 1961 (unreported) ref.     Date of hearing: 19th August 1966.   JUDGMENT   KADIR NAWAZ AWAN, J.-These three appeals have been filed under section 417, Cr. P. C. by the State and are directed against the orders, dated 26-3-64, passed in three cases by Mukhtiarkar and 1st Class Magistrate Sehwan (Mr. Muhammad Anwar Kazi)…