2023 P Cr (PLP)

SOHAIL NASIR, J.

(1) Allah Yar (2) Umar Hayat (3) Akbar (4) Akhtar Hussain and (5) Muhammad Azam (petitioners) have applied for their bail after arrest in case FIR No. 369 recorded on 25.04.2021 under sections 22-A/23/24/27/28/32 of the Punjab Food Authority Act, 2011 at Police Station City Arifwala District Pakpattan Sharif.

2. It is alleged in FIR recorded on the complaint of Mr. Ali Ahmad the Food Safety Officer of the Punjab Food Authority Pakpattan, that on 25.04.2021 on receipt of an information, he along with Ghazanfar Naveed Tehsildar/Price Magistrate and Police Officials conducted a raid on Imran Milk Synthetic Unit in Chak No. 69/EB at Arifwala; on the spot there were lying ingredients for Synthetic Milk i.e. cooking oil, skim milk powder, whey powder, mixing machines and drums having 700 liters Synthetic Milk; all were taken into possession; petitioners who were busy in preparation of Synthetic Milk were apprehended. According to complainant the milk was adulterated and dangerous to human health.

3. Learned counsel for petitioners contended that petitioners are the employees and the beneficiaries are Muhammad Ahmad and Muhammad Imran, the owners; petitioners are behind the bar and no more required for further investigation.

4. Learned DDPP for State and Learned counsel for Food Authority jointly argued that petitioners are involved in a case of heinous and serious in nature; the offences allegedly committed by petitioners are not against individual but against humanity, therefore, they do not deserve for concession of bail.

5. HEARD.

6. Petitioners were arrested from crime scene when they were busy in preparation of Synthetic Milk having the ingredients there cooking oil, skim milk powder and whey powder which means that all were being used for preparation such milk.

7. Milk is to be considered as a complete diet or complete drink as it is full of health benefits. It contains a wide array of nutrients including vitamins, minerals, proteins, healthy fats, and antioxidants. It is a rich source of quality proteins that contain all nine essential amino acids, which help in reducing age related muscle damage. Milk is also beneficial for bone growth which reduces chances of osteoporosis and bone fractures.

8. Synthetic Milk that is also called Sweet Poison is not the milk but an artificial imitation of natural milk with a high degree of adulteration to increase the volume of milk. Main components of Synthetic Milk are water, pulverized detergent or soap, sodium hydroxide, vegetable oil, salt and urea. Although it does not kill at once but it slowly makes the body a fertile ground or farm house for diseases. According to research, use of Synthetics Milk inflicts very serious harms on human body causing swelling in the eyes and complications in lever and kidney. Apart from this, Synthetic Milk is deadly for pregnant women and patients suffering from conditions of heart ailment and high blood pressure. What is worse is that Synthetic Milk is extremely poisonous for small children1.

9. In India, there was a survey of 365 households in Uttar Pradesh to quantify their children's daily intake of milk, analyze milk samples from their household to test for the presence of urea, vegetable oil, and detergent, and to determine their effect on health. In total, 365 children were surveyed. 70 children were of the age group 1 to 5 years. 150 were aged 6 to 18 years and 145 were 19 to 22 years. In the age group of 1 to 5 years most of the children were dependent on their mother's milk and therefore they showed the least effect on their health. In the age group of 6 to 18 years, 28% of urban children were affected by headache, while only 4% of rural children were affected. Eyesight problems and diarrhea were more prevalent, affecting more than half (57%) of urban and 16% of rural children. However, the 19 to 22 years age group was the most affected group overall, with 38% of children in urban areas and 12% of rural children affected by headaches. Eyesight problems and diarrhea affected 52% of urban children as compared to 12.5% in rural areas2.

10. Although few years ago, according a report published in Daily Dawn3:- i. Approximately 15 to 20 per cent of total milk supplies in urban areas of Pakistan are from Synthetic Milk that means two million liters a day. ii. This milk is especially harmful for young children and pregnant women. iii. It slowly makes the body prone to many ailments. iv. The milk production from dairy animals is plagued by the use of synthetic hormone like bovine somatotrophin (BST) and oxytocin and both these hormones are banned in the EU, Canada, India and many other countries. v. Another hormone oxytocin which is injected on almost all lactating animals is filtered into the milk and it has been held responsible for uterine cancer, male impotence, baldness and early puberty in human beings.

11. Petitioners cannot take the defence that they were simply workers at the factory, because they were busy in preparation of Synthetic Milk when they were apprehended. Petitioners also cannot claim the bail as a matter of right if the offences do not fall within the prohibition contained in section 497, Cr.P.C, for the reason that still discretion lies with the Court and that has to be exercised keeping in view specific features of each case.

12. Prima facie crime committed by petitioners is against society. They appear to be enemies of humanity. Such persons do not deserve the discretion of the Court as they are also the stigma for the country.

13. No case for bail is made out hence this application is dismissed.

14. It is made clear that observations recorded in this order are tentative in nature therefore, learned trial Court shall draw no inference while deciding the case finally. SA/A-86/L Bail declined. 1 https://www.indiastudychannel.com/resources/140342-Harmful-Effects-of-Synthetic-Milk-And-Preventions-From-Synthetic-Milk.aspx 2 https://onlinelibrary.wiley.com/doi/full/10.1111/1541-4337.12181 3 https://www.dawn.com/news/763642/supply-of-synthetic-milk-in-karachi