Rehmat Ullah vs The State and another
The petitioner sought post-arrest bail in a case involving alleged violations of the Punjab Food Authority Act, 2011, specifically regarding the possession of substandard meat. The core legal question was whether the petitioner was entitled to bail given the evidentiary gaps in the prosecution's case and the nature of the alleged offences. The Lahore High Court held that the prosecution failed to provide the necessary veterinary certificate or expert report substantiating the claim that the meat was injurious to human health, noting that a visual inspection by non-experts is insufficient. Furthermore, the court observed that the alleged offences did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and the petitioner had already been detained for approximately two months without any prior convictions in other registered cases. Consequently, the court granted post-arrest bail, emphasizing that tentative assessment of the record revealed insufficient grounds for continued incarceration, particularly where the prosecution's evidence lacked scientific verification.
- Is a visual inspection by non-experts sufficient to establish that food items are injurious to human consumption?
- Does the absence of a veterinary certificate or expert report in the police file constitute a ground for granting bail?
- Can bail be granted when the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does the existence of previous FIRs without convictions preclude the grant of bail?
- Section 22-A, Punjab Food Authority Act 2011
- Section 23, Punjab Food Authority Act 2011
- Section 24, Punjab Food Authority Act 2011
- Section 27, Punjab Food Authority Act 2011
- Section 28, Punjab Food Authority Act 2011
- Section 379, Pakistan Penal Code 1860
- Section 2B, Pakistan Penal Code 1860
- Section 3A, Pakistan Penal Code 1860
- Section 269, Pakistan Penal Code 1860
- Section 272, Pakistan Penal Code 1860
- Section 373, Pakistan Penal Code 1860
- Section 381-A, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
ALI BAQAR NAJAFI, J. Petitioner seeks post arrest bail in case FIR No. 1153/2023, dated 05.07.2023 for offences under sections 22-A, 23, 24, 27, 28 of the Punjab Food Authority Act, 2011 registered at Police Station Thekri Wala, District Faisalabad on the allegation that a team of Food Safety Department along with Veterinary Officer, Dr. Abdul Jabbar, has raided the shop of the petitioner who upon inspection found 2500 KG of meat which was checked of which 1050 KG meat was found substandard and injurious to human consumption. It was further observed that at the stated place requisite steps for cleanliness and hygienic conditions to prevent insects were not made. Besides, there was no label or date on the meat, therefore, a call was made on 15 and the police was asked to arrest the petitioner, hence this FIR.
2. After hearing the learned counsel for the petitioner, learned Additional Prosecutor, General, and perusing the record it is straightaway observed that the petitioner was arrested on 05.07.2023 and was sent to judicial lockup on 06.07.2023. The police file further reveals that although a certificate/Order of voluntary withdrawal/destruction was issued by Muhammad Bilal Younas, Food Safety Officer, Punjab Food Authority, Faisalabad and the receipt of the said meat was prepared with reference to the certificate of Veterinary Officer namely, Dr. Abdul Jabbar but the file does not reflect any such certificate. Obviously, a certificate/report based on the positive evidence cannot be substituted for the naked eye of a common man. What was the nature of substandard meat and what was its degree and what was the relevant standard which was to be maintained by the petitioner as a shopkeeper is not described anywhere. The petitioner has placed in his file a certificate issued by the Punjab Food Authority valid from 01.12.2022 to 30.11.2023 and the date of occurrence i.e. 05.07.2023 is within the said period. The police file does not reflect any complaint lodged by a private person against the petitioner for selling of substandard meat. Surprisingly, out of 2500 KG meat less than half was considered as harmful but on which grounds the police investigation requires further input. According to the petitioner the raid was arranged by his opponents on the ground of professional rivalry. Learned Prosecutor has argued that FIR No.1537, under Learned Prosecutor has argued that FIR No.1537, under sections 22-A, 23, 24, 27 of Punjab Food Act, 2011, FIR No.386/12, under section 379, P.P.C., FIR No.453/14, under sections 2B, 3A, 269, 272, 373, P.P.C. and FIR No. 93 / 15 under sections 381-A, 411, P.P.C. were registered against the petitioner at Police Stations Ghulam Muhammad Abad and Thekriwala, District Faisalabad but the learned Prosecutor has not been able to place on record any conviction order in any of the said FIRs which means that criminal charges are still to be proved against the petitioner.
3.On the basis of tentative assessment and in view of the fact that report/certificate of the Veterinary Officer is not enclosed with the police file and the very fact that the offence does not fall within the prohibitory clause of section 497, Cr.P.C. and the period of detention in judicial lockup exceeds about two months, I am inclined to allow this petition and grant post arrest bail to the petitioner subject to his furnishing bail bonds in the sum of Rs.1,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial court.