AKBAR ALI vs STATE and another
This matter concerns a petition for pre-arrest bail filed by the petitioner, Akbar Ali, in connection with FIR No. 577/2011 registered at Police Station City Jaranwala, involving allegations of selling spurious pesticides under the Pesticide Ordinance, 1991. The core legal question was whether the petitioner, acting as a warranty holder for the products of a third-party company, could be held criminally liable for the spurious nature of the pesticides without evidence of his knowledge regarding their quality. The Court observed that the petitioner was merely a retailer selling products from a specific company, and the prosecution failed to establish that the petitioner had any knowledge of the spurious nature of the pesticides. Furthermore, the Court noted that the alleged offense did not fall within the prohibitory clause of the relevant law. Consequently, the Court confirmed the ad-interim pre-arrest bail previously granted to the petitioner. The key principle established is that a retailer acting as a warranty holder cannot be held liable for the spurious nature of products in the absence of evidence proving their knowledge of such defects.
- Can a retailer acting as a warranty holder be held criminally liable for selling spurious pesticides without proof of knowledge?
- Does the offense of selling spurious pesticides under the Pesticide Ordinance 1991 fall within the prohibitory clause?
- Is pre-arrest bail appropriate when the prosecution fails to provide evidence of the accused's knowledge regarding the spurious nature of the goods?
- Section 21, Pesticide Ordinance 1991
- Section 22(1), Pesticide Ordinance 1991
- Section 22(2), Pesticide Ordinance 1991
ORDER
The petitioner, Akbar Ali, has applied for his pre-arrest bail in case FIR No, 577/2011, dated 27.6.2011, registered against him at Police Station City Jaranwala, under Sections 21/22(1)(2) of Pesticide Ordinance, 1991 as amended in 1997, for having spurious pesticides.
2. Arguments heard and record perused.
3. Admittedly the petitioner is selling the products of M/s Green View International having its head office at Shop No, 1, Main Bull Road, Lahore. The complainant of the case had taken sample of the pesticides, which was found as spurious one and in that regard he arrested the Sales Manager of the company. As per information the said person has been released on bail. The petitioner is the warranty holder of the said medicine as is evident from delivery invoice dated 18.4.2011, as such he is not responsible for keeping the spurious pesticides at his shop in the absence of the knowledge about the spuriousness of the pesticides. The prosecution has not placed on record any such evidence. Even otherwise the offence does not fall within the prohibitory clause, as such ad-interim pre-arrest bail granted to the petitioner vide order dated 02.8.2011 is confirmed subject to his furnishing fresh bail bonds in the sum of Rs,50,000/- with one surety in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.