2022 PLP 1304 (SCMR)
RASHAD IMRAN — Petitioner Versus The STATE and another — Respondents
| Citation | 2022 PLP 1304 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ |
| Parties | RASHAD IMRAN — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2022 PLP 1304 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 1304 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2022 PLP 1304 (SCMR) (RASHAD IMRAN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Alam Yasir, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner.
Headnotes / Summary
(Against the order dated 09.12.2021 passed by the Lahore High Court Lahore in Criminal Misc. No. 66270-B of 2021)
S. 498
Punjab Food Authority Act (XVI of 2011), Ss. 22, 23 & 24
Punjab Pure Food Ordinance (VII of 1960), Ss. 5(a) & 6
Constitution of Pakistan, Art. 185(3)
Possessing and selling meat unfit for human consumption
Pre-arrest/anticipatory bail, refusal of
Seizure of substandard meat, grievously injurious for human consumption, on a meatless day i.e. Wednesday was established through the inventories of even date
Association of a Magistrate (for destruction of the impounded meat) further lent credence to the procedure adopted
Quantity of confiscation i.e. 500 k.g. beef and 60 kg. mutton was too considerable to be manipulated to set up a fake case, nor there appeared any reason for the complainant, a State functionary tasked with the responsibility of ensuring hygienic livestock supplies to the public, to proceed against the accused with motives, oblique or sinister
Petition for leave to appeal was dismissed, leave was refused and accused was refused pre-arrest bail. Ahmad Raza Gillani, Additional P.G. Punjab for the State. Respondent No. 2 in person.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Apprehending arrest, Rashid Imran, petitioner herein, after failure before the High Court, seeks bail in anticipation thereto; he along with co-accused was intercepted by a Veterinary Officer on 23.6.2021 at 9:00 p.m. with 500 kg. beef and 60 kg. mutton on a meatless day. Upon inspection, the complainant found the confiscated stuff cold on touch, dark reddish in texture emitting bad smell and as such manifestly unfit for human consumption; it carried fake stamps as deceit to suggest ante mortem slaughter. Upon a complaint, the police registered a criminal case, subsequent whereto, the impounded meat was destroyed with magisterial intervention.
2. Heard. Record perused.
3. An inordinate stress laid by the learned counsel on the vires of exercise undertaken by the Veterinary Officer Gojra, notwithstanding, the seizure of substandard meat, grievously injurious for human consumption, on a meatless day i.e. Wednesday is established through the inventories of even date. Association of a Magistrate further lends credence to the procedure adopted. Quantity of confiscation is too considerable to be manipulated to set up a fake case, nor there appears any earthly reason for the complainant, a State functionary tasked with the responsibility of ensuring hygienic livestock supplies to the public, to proceed against the petitioner with motives, oblique or sinister, a sine qua non to suspend the mechanics of criminal law that mandatorily requires arrest in cognizable cases, scheduled as non-bailable. Petition fails. Leave declined. MWA/R-5/SC Bail refused.