Lahore High Court Denies Bail in Case Involving Transportation of Unfit Meat
Islamabad 08-07-2024: The Lahore High Court has denied bail to petitioners in a case involving the transportation of 600 kilograms of unfit meat. The petitioners had sought bail under Section 497 of the Code of Criminal Procedure (Cr.P.C.), citing non-bailable offenses under the Punjab Food Authority Act, 2011.
The petitioners were arrested following an inspection by a Food Safety team on 16 May 2024, which led to the discovery of 15 mounds (600 kilograms) of meat deemed unfit for human consumption. The meat, transported in a vehicle, was checked by a veterinary officer and subsequently destroyed on the spot. The petitioners were unable to produce any records of sale or purchase of the meat.
The petitioners' counsel argued that the allegations were false, noting the petitioners' long-standing business with no previous complaints. It was contended that the offenses did not fall within the prohibitory clause of Section 497 Cr.P.C., suggesting that bail should be granted as a rule in such cases. However, the Counsel could not substantiate these claims with documentary evidence.
Opposing the bail, the Legal Advisor for the Punjab Food Authority and the Deputy District Public Prosecutor emphasized the severity of the crime, noting its inhuman nature and the potential public health risks. They argued that such crimes jeopardize the lives of the masses, with dead meat often ending up in various food outlets.
The Court reviewed the material evidence, including statements from the veterinary doctor and food safety officers, and the destruction form provided to the petitioners. It concluded that the petitioners were criminally liable under both the Punjab Food Authority Act, 2011 and the Punjab Animals Slaughter Control Act, 1963.
The judgment referenced specific sections of the Punjab Animals Slaughter Control Act, 1963, which prohibit the sale or transportation of meat from animals that died of diseases or without proper slaughter certification. The Act prescribes stringent punishments for such violations, including imprisonment of up to eight years and substantial fines.
The Court cited the case "Muhammad Waqas versus The State” (2002 SCMR 1370), stressing that the nature and impact of the offense on society must be considered when dealing with bail petitions. It also referenced other case laws to highlight that offenses against society, even if not falling within the prohibitory clause of Section 497 Cr.P.C., do not warrant bail as a matter of right.
The Court emphasized the public health risks and the severe impact of the offense on society. It noted that although the offenses did not fall within the prohibitory clause of Section 497 Cr.P.C., the exceptional circumstances and the gravity of the offense warranted the denial of bail. Consequently, the bail petition was dismissed.
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