1999 P Cr (PLP)

(a) in contravention of the prescribed rules; or (b) so as to render the food injurious to health with intent that the same may be sold in that State. (2) No, person shall sell, offer, keep or store any food so mixed, coloured, stained or powdered.

5. Prohibition of sale preparation manufacture import or export of unwholesome food intended for human consumption.

No person shall, directly or indirectly, himself or by any other person-- (a) prepare, manufacture, keep or store for sale, sell or, offer to sell any food which is unsound, unwholesome, injurious to health or unfit for human consumption; or (b) import or export any food in such manner or in such condition as renders it or is likely to render it injurious to health.

6. Prohibition of sale or manufacture for sale of food which is adulterated or misbranded or not of the nature substance of quality- demanded.

(1) No person shall, directly, or indirectly, himself or by any other person, prepare, manufacture, keep or store for sale, or sell or offer to sell any food-- (a) which is adulterated; (b) which is misbranded; (c) which is not of the nature, substance or quality demanded, or which it purports or is prepresented to be; (d) for the sale of which a licence is required otherwise than in accordance with the conditions of the licence; (e) in contravention of any other provision of this Ordinance or the rules. (2) No person shall directly or indirectly, himself or by any other person manufacture, sell, offer to sell, keep or store for sale any food notifies in this behalf by Government, unless it is coloured in the manner prescribed. (3) Government may, by notification in the Official Gazette, prohibit or regulate the keeping, in any factory or wholesale business premises in which such articles of foods as are specified in the notification are manufactured or stored, or any substances like to be used as adulterants so as specified."

5. The punishment for the commission of the offences under sections 4, 5 and 6 of the Ordinance, 1960 is provided under section 23(3) of the said Ordinance, 1960, which is imprisonment of either description for a term which may extend to seven years and with fine, but the term of imprisonment shall not be less than one year and the fine shall not be less than one thousand rupees.

6. Learned counsel for the State has rightly canvassed that the petitioner is, prima facie, involved in a case of heinous nature affecting the health of the inhabitants of the area. It cannot be said that the F.I.R. was registered with ulterior motives. Both the Food Inspectors accompanied the Magistrate 1st Class, whose presence is entitled to legal sanctity, The samples were taken from the premises of Iftikhar Ahmad alias Billu petitioner-accused where he has installed the machinery towards the completion of his nefarious activity. In the circumstances of the matter it is held that a person of the category/ ilk of Iftikhar Ahmad alias Billu petitioner-accused shall not suffer humiliation and unjustified harassment at these hands of the Police and he is not entitled to be admitted to pre arrest bail on merits.

7. For what has been said above, I see no merit in this petition and dismiss the same. The order of interim pre-arrest bail is recalled.

8. Since it is a matter of heinous nature, Iftikhar Ahmad alias Billu petitioner-accused has been put under the custody of Malik Muhammad Bashir, S.-I. Police Station Civil Lines, Faisalabad for proceeding further in accordance with law and for completing the investigation, Q.M,H,IM,AX/I-78/h Pre-arrest bail refused.