Law: Criminal Procedure Code (V of 1898)

Section: 561A

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

Section: 15,17,20,32

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

Section: 11,23

Criminal Procedure Code (V of 1898)---- ----S.561-A---West Pakistan Food Stuff Control Act (XX of 1958), Ss. 11 & 23---West Pakistan Pure Food Ordinance (VII of 1960), Ss.15, 17, 20 & 32---Quashing of F.I.R.---Adulterated food---Registration of F.I.R.---Procedure---Jurisdiction of police---On failure of driver to provide any document of ownership, police registered F.I.R. and seized Ghee under Ss.11 and 23 of Food Stuff Control Act, 1958---Plea raised by accused was that mechanism provided under West Pakistan Pure Food Ordinance, 1960, was not followed for registration of F.I.R.---Validity---Local Authority was supposed to carry into execution and enforce provision of West Pakistan Pure Food Ordinance, 1960, within its jurisdiction with a view that all articles of food and drink were sold in a pure and genuine state---For such purpose inspectors were to be appointed by Government and Health Officer as well as .Officers authorized in such behalf were given powers as mentioned in S.17 of West Pakistan Pure Food Ordinance, 1960---Authorized Inspectors could purchase sample and method of taking sample was given in S.20 of West Pakistan Pure Food Ordinance, 1960---One sample was to be sent to public analyst and after receiving expert report, if the foodstuff was found in contravention of the provisions of West Pakistan Pure Food Ordinance, 1960, then under S.32 of the Ordinance, it was only the Health Officer of a Local Authority or an Inspector authorized in such behalf by way of a general or special order of Director who could file complaint---No court was to take cognizance of any offence punishable under West Pakistan Pure Food Ordinance, 1960, except on the report in writing of the facts constituting such offence made by the officials mentioned in the Ordinance---Case was registered by unauthorized officer and that too without having report of analyst that detained / seized Ghee was adulterated or misbranded---High Court in exercise of jurisdiction under S.561-A, Cr.P.C., quashed the F.I.R.---Petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: TALAAT QAYUM QURESHI, J.--- Through quashment petition in hand the order passed by the learned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492