The offences alleged against the petitioner do not attract the prohibition contained in Section 497 (1) Cr.P.C. In such peculiar circumstances sending the petitioners behind..........

 It may be observed that good policing is the policing which is both effective and fair as well as with legitimacy on the basis of public consensus rather than repression. If the policing is ineffective, illegitimate or unfair in protecting the public against crime, it will lose the public's confidence. Therefore, it is expected that the police should have a high degree of professionalism and independence from any influences and should act in conformity with the law and established policies as well as on the basis of public consent (within the framework of the law) as evidenced by levels of public confidence. With this model in mind, an analysis of the current police investigation system can be made, identifying gaps and weaknesses and developing suggestions for its improvement.

Now coming to the facts of this case, it is straightway observed that the petitioner is merely a sales officer and not the manufacturer of the alleged substandard fertilizers allegedly recovered from the shop of his co-accused, which had been purchased from the company in its sealed condition/form. Learned Law Officer, fairly concedes that there is no allegation of tampering or causing adulteration with the substance against the petitioner. The offences alleged against the petitioner do not attract the prohibition contained in Section 497 (1) Cr.P.C. In such peculiar circumstances sending the petitioners behind the bars would serve no useful purpose. Moreover, culpability of the petitioner would be determined by the learned trial court during trial after recording of evidence. Resultantly, instant petition is allowed and ad-interim pre-arrest bail already granted to the petitioner is confirmed, subject to his furnishing fresh bail bonds in the sum of Rs.1,00,000/- (Rupees one hundred thousand only), with one surety, in the like amount to the satisfaction of learned trial Court.

Office to transmit copy of this order to

(i) The Inspector General of Police, Punjab,

(ii) The Secretary Agriculture, Punjab, Lahore and

(iii) The Prosecutor General, Punjab, Lahore for circulation of the same to all the concerned for their guidance and compliance therewith.

Crl. Misc. No.8741-B of 2022

Maqbool Ahmad Versus The State etc.