Law: Drugs Act, 1976

Section: 27(4),34

(a) Drugs Act (XXXI of 1976)--- ----Ss. 27(4) 34---Drugs Registration, Licensing and Advertising Rules, 1976, R. 30(4)(5)---Offence by Pharmaceutical company---Appreciation of evidence---Substitution of accused---Knowledge of Chief Executive Officer of Company---Proof---Accused was Chief Executive Officer of Pharmaceutical company alleged to have caused shortage of life saving drug in market---Trial Court convicted the accused and sentenced him to imprisonment till rising of the Court along with fine---Validity---Managing Director nominated as accused in FIR was substituted by appellant as accused on the ground that he replaced nominated official who had ceased to be Chief Executive Officer of the company---Neither accused could be substituted against nominated official nor he could be made responsible of alleged shortage---Criminal culpability could not be shifted to accused after his assuming charge of Chief Executive of the Company---Prosecution failed to establish its case against Company, nor it could prove knowledge or consent of its directors or officers in alleged offence---High Court set aside conviction and sentence awarded to accused and acquitted him of the charge---Appeal was allowed, in circumstances. (b) Drugs Act (XXXI of 1976)--- ----S. 34---Offence committed by Pharmaceutical company, corporation or firm---Liability of director, partner or officer---Pre-condition---Knowledge and consent of director, partner or officer of company, corporation or firm regarding offence has to be proved by prosecution. JUDGMENT SYED MUHAMMAD ATTIQUE SHAH, J.--- S.M. Wajeehuddin, Chief Executive Officer, Messrs Pfizer Pakistan Limited, the appellant, has filed instant Criminal Appeal, questioning the legality/ validity of judgment dated 12.02.2019 rendered by Chairman Drug Court, Khyber Pakhtunkhwa, Peshawar, in Complaint Case No.53/2017, whereby the appellant was convicted for violation of Rule 30(4)(5) of Drugs Registration, Licensing and Advertising Rules, 1976 and; sentenced him under section 27(4) of the Drugs Act, 1976, to imprisonment till rising of the Court with a fine of Rs.50,000/- with publication fee of Rs.1000/- and; the appellant deposited the…

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