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For selling food commodities without dates of validity to a kindergarten Judgment of conviction, imprisonment and fines against defendants in Samail

23/04/2018


The Court of First Instance in the Wilayat of Samail has recently issued a judgment against two defendants for violating the Consumer Protection Law No. 66/2014 and its executive regulations, of conviction and imprisonment with fines totaling OMR 2,000 and deportation from the country.

 

 

The facts of the case are summarized in the receipt of a complaint from a school in the Wilayat of Samail by the Department of Consumer Protection in the Governorate of the Dakhilia , stating that a salesman of Arab nationality sold food items (cookies) with no validity date. It was found that the source, a company operating in the field of shipping and exporting in Muscat, had provided the school with these goods, as it was found to be.
After the case file was completed, it was referred to the Public Prosecution Department in the Wilayat of Samail, which in turn initiated an investigation into the case and then referred the accused to the competent court. The court convicted the first accused of committing the misdemeanor of failing to provide the consumer with correct information about the commodity and punished him with imprisonment for one year and a fine of OMR 1000, and also convicted him of committing a non-compliance with the standard specifications and punished him with imprisonment for six months and a fine of OMR 500. The court also convicted him of misdemeanor of working for other than the licensed employer and ruled that he shall be punished by one month's imprisonment and a fine of OMR 400, and the license issued to him shall be cancelled and he shall be deported from the country on a permanent basis. The penalty shall be reduced by one year imprisonment and a fine of 1000 and a personal guarantee of OMR 1000 shall be paid to stop the execution of the deprivation of liberty imposed upon him if he appealed the sentence until the judgment is rendered, unless he was suspended for another reason.
The court convicted the second defendant  for committing the misdemeanors of failing to provide the consumer with correct information about the product and the misdemeanor of hiring a non-Omani worker who was not authorized to work in accordance with the license issued and punished him with one year imprisonment and a fine of OMR 1000 for each misdemeanor. The court also deprived him from hiring non-Omani workers for one year and obliged him to pay all the expenses to send the worker back to his country.
In addition, the court convicted the defendant of the non-compliance with the specifications of the goods in terms of compliance with the standard specifications and punished them with six months' imprisonment and a fine of RO 500. The penalties imposed against him shall be reduced to the maximum and the maximum imprisonment shall be one year and the fine shall be 1000.
The court also decided to confiscate and destroy the seizures at the site of the crime and to compel those sentenced to public expenses.
The Public Authority for Consumer Protection calls on all merchants and suppliers to abide by the provisions of the Consumer Protection Law and its executive regulations, and to abide by transparency and credibility, and refrain from false and misleading advertising when promoting goods and services.

 

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CONSUMER LINE

 No one imagined that greed and deviousness would reach such a staggering level that thought exist only in movies and investigative drama shows , yet it became a stark reality when some merchants sought to make a profit on the account of health and safety of the young and adults alike utilizing the God-given intellect that they posses into destruction and evil instead of serving public good , the devious plan used ( Back to school ) season by carving holes inside books and hiding chewing tobacco inside in away from the inspectors notice targeting the younger generation with these destructive materials that effect the health , mind and safety of our kids .
 The Judicial officers noticed that consumers come very frequently to a specific shop during one of the inspection tours which raised their suspicions to strengthening the monitoring and follow up on that matter , students were spotted in the shop as well , the Officers expediently intervened to inspect the shop , the inspection did not reveal anything at first , however , the officers noticed a stack of books and decided to inspect it , surprisingly , they found more than 600 pouches of chewing tobacco on its way to be sold and distributed on consumers and students , the officers immediately issued a violation and referred the case to the General Prosecution to deal with the matter as per the Law


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Sultanate of Oman