Law: Drugs Act, 1976

Section: 18(1),27(1)(a),31(7),34

Drugs Act (XXXI of 1976)--- ----Ss. 18(1), 27(1)(a), 31(7) & 34---Selling spurious or unregistered drug by company---Appreciation of evidence---Unregistered allopathic medicine---Drug Inspector, jurisdiction of---Accused persons were medicine producers who were convicted and sentenced by Trial Court on distributing unregistered medicine containing allopathic products---Plea raised by accused persons was that Drug Inspector inspected samples beyond her territorial jurisdiction and that product was homeopathic and did not fall under Drugs Act, 1976---Validity---Drug Inspector inspected medical store of accused persons and did not travel beyond her local limits for which no prior permission was required within meaning of S. 18(1) of Drugs Act, 1976---Exercise of jurisdiction and powers by Drug Inspector were not void and without jurisdiction--- Accused persons did not produce any documentary evidence to prove that the drug of which sample was taken by Drug Inspector was registered one---Prosecution successfully discharged burden of proof of manufacturing and sale of unregistered drug by the firm in question and its employees/proprietors by producing documentary evidence including report of Government Analyst---Case was referred to Provincial Quality Control Board, show cause was also served on the accused---Accused persons, in reply to the notice, did not raise any objection as to validity of report on ground of absence of protocols---On the contrary, accused persons did not deny recovery and stated that it was a registered drug and took a stand in statements under S. 342, Cr.P.C. that 'drugs recovered were herbal in nature and did not require registration till 2012'---High Court declined to interfere in conviction and sentence passed by Trial Court---Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ROZI KHAN BARRECH, JUSTICE:---.--- This criminal appeal has been filed under section 31(7) of the Drugs Act, 1976 against the judgment dated 14.11.2017 ("impugned judgment") passed by Drug Court of Balochistan (trial court) in Drug Case No.51/2017, whereby the appellants were convicted under section 27(1)(a) read with section 34 of the Drugs Act,…

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