1995 P Cr (PLP)

Sardar Aslam Afridi for Petitioner. Fateh Muhammad Khan for the State. Date of hearing: 17th October, 1995. Janas Khan, petitioner herein, has come to -this Court with the prayer that he be released on bail in case F.I.R. No.251, dated 15-9-1995 registered at Police Station, Kotwali, Peshawar under sections 3 and 6, West Pakistan Foodstuffs (Control) Act, 1958. Petitioner was refused bail by the learned M.I.C. through his order, dated 19-9-1995. He then preferred his application in the Court of learned Sessions Judge, Peshawar for the grant of bail but met with no better fate and the same was dismissed through order, dated 26-9-1995.

2. The case of the prosecution as against the present petitioner is that he is a butcher by profession and runs the shop of meat selling. It is stated that Mr. Masoodur Rehman Sethi, Special Magistrate was on routine checking of essential commodities and during this checking he found that the petitioner had not affixed the price list in his shop. It is also alleged that the petitioner was caught red-handed by the said Magistrate while selling meat on higher rate than the one prescribed by the Government. He was, therefore, arrested and the present case registered against him.

3. So far as the charges against the present petitioner are concerned, this Court would refrain to dilate upon the merits of the case because it may prejudice the proceedings at the trial. Nevertheless there is something more to be said about the quantum of sentence prescribed for the offences the petitioner has been charged with.

4. A perusal of sections 3 and 6 of the Foodstuffs (Control) Act, 1958 indicates that section 3 empowers the Government to pass any reasonable order for controlling the sale, purchase and supply of the essential commodities and the contravention of any such order has been made punishable under section 6 of the Act. A perusal of section 6 would indicate that the maximum sentence prescribed for contravention of section 3 has been determined as 3 years or fine or both. While taking into consideration this aspect of the case this Court is of the firm view that the petitioner has already been sufficiently reprimanded by remaining in jail for more than one month. Therefore, it would better meet the ends of justice if he is released on bail because the case against him does not fall within the purview of prohibition contained in section 497, Cr.P.C.

5. Resultantly, this petition is allowed and Janas Khan son of Waris Khan, petitioner herein, shall be released on bail if he furnishes bond in the sum of Rs.1,00,000 (Rupees one hundred thousands) with two sureties each in the like amount to the satisfaction of the Illaqa/Duty Magistrate. H.B.T./1882/P Bail granted.