Law: Drugs Act, 1976

Section: 23(1)(c)

Law: Criminal Procedure Code (V of 1898)

Section: 412

Drugs Act (XXXI of 1976)--- ----S. 23(1)(c)---Criminal Procedure Code (V of 1898), S. 412---Selling of medical drugs without license---Appreciation of evidence---No appeal lay in certain cases when accused pleaded guilty---Scope---Accused had made confession thereby admitting that he stocked and sold drugs without a license and could not produce any evidence---Trial court had rightly taken lenient view in respect of accused's sentence which was neither illegal nor contrary to the punishment provided in S. 23(1)(c) of Drugs Act, 1976---Accused, in circumstances, was barred to challenge his conviction and sentence under S.412, Cr.P.C. by filing appeal; he could only challenge the extent or legality of sentence which he had failed to challenge---Case was of conviction and sentence of accused on his own plea of guilty, therefore, no interference was called for by High Court---Appeal was dismissed accordingly. Muhammad Saeed v. The State 1985 SCMR 1405 rel. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, JUSTICE:---.--- This appeal has been directed against the judgment dated 24.3.2017 "the impugned judgment" passed by the Drug Court of Balochistan, Quetta "the trial Court", whereby the appellant Muhammad Shafiq was convicted under Section 23(1)(c) of the Drugs Act, 1976 and sentenced to suffer five (5) months Rigorous Imprisonment (RI) with fine of Rs.50,000/- or in default of payment of fine to further undergo Simple Imprisonment (SI) for two months. 2. Precisely stated, the facts of the case are that on 05.8.2014 at about 11:50 a.m., the complainant namely Sarwar Khan Kakar, Drug Inspector Quetta Zone-J, inspected the Akbari Medical Store, Metha Chowk, Pashtoonabad, Quetta and found the appellant in illegal dealing of drug (medicine) business without having a Drug Sale License. Resultantly, he took the samples of the seized stock on Form 5 as case property and sealed the said Medical Store. 3. On 6.8.2015, the complainant issued a show-cause notice to the appellant in respect of the sale of drugs without a Drug Sale License, but without any reply, as such, sanction for prosecution against the appellant was granted by the Provincial Quality Control Board,…

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