Law:

Section:

Agriculture Pesticides Ordinance (H of 1971)-------Ss. 21(2)(a) & 23-A---Criminal Procedure Code (V of 1898), 5.342---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Specific details in questions put to accused in statement under S.342, Cr.P.C.---Effect---Adulterated and substandard pesticides---Recovery of such pesticides was witnessed by Deputy District Officer (Agriculture Extension) and a senior officer of the complainant company---Accused could not indicate any enmity or ill-will on the part of the recovery witnesses which could have led them to falsely implicate the accused in the crime---Trial Court convicted and sentenced the accused under Ss.21(2)(a) and 23-A of Agriculture Pesticides Ordinance, 1971--- Appellate Court set aside the conviction under S.21(2)(a) while that under S.23-A of Agriculture Pesticides Ordinance, 1971, was maintained---Conviction awarded by Appellate Court was maintained by High Court---Plea raised by the accused was that specific details of bottles carrying pesticides were not put to him under 5.342 Cr.P.C.---Validity---Sufficient details of pesticides in question were put 0 the accused which were more than enough to notify him of the accusations levelled against him and the evidence which had been produced by prosecution---Accused could not- show any prejudice which could have been caused to him in the matter of his defence---Supreme Court examined all aspects of the matter in question and also examined the consistent findings of guilt recorded against the accused by three Courts including High Court---Supreme Court declined to take any exception either to the findings of guilt recorded against the accused or to the quantum of punishment awarded to him---Leave to appeal was refused. Ghulam Nabi Bhatti, Advocate Supreme Court and Haji Muhammad Rafi Siddiqui, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 5th May, 2004. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.--- Zahid Iqbal petitioner was tried by a learned Judicial Magistrate at Lahore for the alleged commission of offences punishable under sections 21-A, 23-A and 26-A of the Agriculture Pesticides Ordinance, 1971. The…

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