Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Drugs Act, 1976

Section: XXXI,23,27,30

Law: Drug Regulatory Authority Act, 2012

Section: XXI,27,29,IV

Law: Punjab Drugs Rules, 2007

Section: 5(3)

(a)    Interpretation of statutes-------Language in negative terms---Effect---If a statutory provision is expressed in negative terms, indicating that an action must be performed in a specific way and no other was then it is considered mandatory and non-compliance thereof invalidates the process---Provisions expressed in affirmative terms are directory---Exceptions exist where even provisions framed in negative language have been interpreted as directory.Province of Punjab and others v. Javed Iqbal 2021 SCMR 328 and Atta Muhammad Qureshi v. The Settlement Commissioner, Lahore Division and others PLD 1971 SC 61 rel.(b)    Criminal Procedure Code (V of 1898)-------S. 497---Drugs Act (XXXI of 1976), Ss. 23, 27 & 30---Drug Regulatory Authority of Pakistan Act (XXI of 2012), Ss.27, 29 & Schedule-IV---Punjab Drugs Rules, 2007, R.5(3)---Spurious drugs, selling of---Release of accused--Quashing of FIR---Cognizance of offence---Procedure---Words "shall examine" and "shall issue a show cause notice"---Accused was arrested for selling varieties of therapeutic goods including allopathic drugs which were either unregistered, suspected to be spurious, lacked essential manufacturing and enlistment details or were without warranty---Accused sought bail after arrest on the plea that FIR was registered without following the prescribed procedure--Validity---In R.5(3) of Punjab Drugs Rules, 2007, use of word "shall" in phrases like "shall examine" and "shall issue a show cause notice" suggested that the provision was mandatory, requiring strict adherence---Although R.5 of Punjab Drugs Rules, 2007 does not explicitly outline penalties for noncompliance, its primary purpose is to protect individual rights by ensuring procedural fairness through issuance of show cause notice and opportunity to be heard---Failure to comply with R.5 of Punjab Drugs Rules, 2007 render any action taken as invalid---Order in the nature of writ of certiorari and mandamus is to foster justice and correct a wrong---Courts of law are not supposed to perpetuate what is unjust and unfair, instead they should explore ways and means to undo what was unjust and…