IMAM AHSAN vs STATION HOUSE OFFICER and another

ORDER

' ABIAD-UR-REHMAN LODHI, J.---Lieutenant Colonel Syed Zia Shabbir who introduced himself as Commandant Station Headquarters, Multan got registered an .F.I.R. No,42 on 18-1-2013 with Police Station Gulgasht, Multan under section 420, P.P.C. Read with section 23-C of West Pakistan Pure Food Ordinance, 1960 alleging therein that as a result of campaign against the persons responsible for injecting water in carcasses of mutton and beef, it was decided in the meeting of Garrison Commandants to take action against such persons responsible for such malpractice and therefore an action was proposed against firm under the name and style of 'Ch. Nabi Ahmad and Company'. The present petitioner Muhammad Imran Ahsan was introduced as a front man/agent of the firm and by getting registered the above noted criminal case, an action was proposed to be taken by the police.

2. The petitioner challenged the very registration of the F.I.R. And sought its quashment.

3. Notice was issued to the respondents. Today, the learned A.A.-G appeared as also a police officer from the concerned Police Station along with the record. The main stay of the petitioner is that the complainant of the case had no lawful authority or competence to get registered a criminal case under provision of West Pakistan Pure Food Ordinance, 1960 and the registration of the criminal case at the instance of the complainant and further proceedings in the case are thus nullity in law and are liable to be quashed.

4. On 11-3-1960, West Pakistan Ordinance VII of 1960 was, promulgated under the name of West Pakistan Pure Food Ordinance, 1960 in order to consolidate and amend the law relating to preparation and sale of food in the province. This will be called a special law on the subject and thus the provision of said Ordinance would be construed strictly and would not be permitted to be intermingled with the provision of General Law rather would prevail over General Law. A specific procedure has been provided for filing of complaints and also specific person are nominated who can act as complainant in case of any violation of the provision of the said law. Section 32 of the said Act provides that no Court shall take cognizance of any offence punishable under this Ordinance except on the report in writing of the facts constituting such offence made by a Health Officer or a local Authority or an Inspector authorized in this behalf by a general or special order of the Director or Government. Although there is no bar for a person other than the nominated persons in the said section for registration of criminal case but this fact should be kept in mind that when a Court is barred to take cognizance of an offence under this Ordinance, in case the. F.I.R.

Was not registered by any nominated person in the said section then there will be no fun in permitting a person other than nominated person to get a criminal case registered under .The provision of a special law. The F.I.R. Registered at the instance of such person would not be processed further to allow the F.I.R to be converted into any report under section 173, Cr.P.C. And to be placed before a Court of competent jurisdiction for its trial.

5. This is an admitted position that Lieutenant Colonel Syed Zia Shabbir, Commandant of Station Headquarters is not authorized person as provided under section 32 of the Ordinance ibid to lodge the complaint under the provision of said law, therefore, no Court would be competent to take cognizance of the matter if subsequently a report by the local police is going to be placed before any Court on the basis of the F.I.R. Under question.

6. The action on the part of the complainant is not only an attempt to deviate from the prescribed procedure provided under the law but also an attempt to take law in his own hands by practically directing the local police to take action under the special law which never empowered such like complainant to attain the status of complainant in view of the provision of such special law. Such unauthorized acts cannot be permitted. No further actions are permissible under the law to be taken on the strength of F.I.R. No,42/2013, therefore, the very registration of F.I.R. Is an illegal act, the same is therefore declared as such and resultantly F.I.R. No,42/2013 dated 18-1-2013 registered under section 420, P.P.C. Read with section 23-C, West Pakistan Pure Food Ordinance, 1960- at Police Station Gulgasht, District Multan is quashed.