ABU BAKAR vs State S — 2022 YLRN 200 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ABU BAKAR VS State S. 498--- agricultural Pesticides Ordinance (II of 1971), S. 21(2)(b)---Sale of sub-standard pesticide---Pre-arrest bail, grant of---Failure to associate manufacturer in the case---Effect---accused sought pre-arrest bail in an FIR registered against him under S.21(2)(b) of the agricultural Pesticides Ordinance, 1971---Prosecution case was that the accused was found while selling sub-standard pesticide---Samples of pesticide were obtained on 16.06.2020 whereas the FIR was got registered on 07.10.2020 and no plausible explanation was furnished by the prosecution for such an inordinate delay---accused was a registered dealer and the pesticides being sold by him were not manufactured by him, therefore, if below standard pesticide was found, he could not be held responsible alone---Nothing was available on record to believe that the pesticide available at the shop of accused was counterfeit or spurious or it was alleged that seals of pesticides duly taken for sample purpose were tampered with or broken by accused---accused being bona fide purchaser of alleged sub-standard pesticide from the company, his role was limited to the extent of buying and subsequent selling of said products; therefore, he could not be held responsible for alleged offence except he being its seller---accused had made out a good prima facie case for his admission on pre-arrest bail within the meaning of subsection (2) of S.497, Cr.P.C.---Bail application was allowed, in circumstances.

ABU BAKAR vs State S — 2022 YLRN 200 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported