Law: National Accountability Ordinance, 1999

Section: XVIII,9(a)(vi),9(a)(iv),9(a)(ix),9(a)(xii),25

Law: Drug Regulatory Authority of Pakistan Act, 2012

Section: XXI,3,7,10,11,30

Law: Criminal Procedure Code (V of 1898)

Section: 265K

Law: Constitution of Pakistan, 1973

Section: 199

(a)    National Accountability Ordinance (XVIII of 1999)-------S. 9(a)(vi)---Offence of misuse of authority---Necessary ingredient---Offence of corruption and corrupt practice within the meaning of S.9 (a) (vi) of National Accountability Ordinance, 1999 is not an offence of strict liability---Use of authority without object of illegal gain or pecuniary benefit of undue favour to person with ulterior motive may not be a deliberate act to constitute an offence--Mens rea of offence under S.9(a)(vi) of National Accountability Ordinance, 1999 forms two elements i.e. (1) conscious misuse of authority and illegal gain (2) undue benefit---In absence of any of such basic components of crime, misuse of authority is not culpable.The State v. Muhammad Idrees Ghauri 2008 SCMR 1118; Mansur-ul-Haq v. Government of Pakistan PLD 2008 SC 166 and The State v. Anwar Saifullah Khan PLD 2016 SC 276 rel.(b)    National Accountability Ordinance (XVIII of 1999)-------Ss. 9(a)(iv), (vi), (ix), (xii) & 25 [as amended by National Accountability (Second Amendment) Ordinance (XXVII of 2019)]---Drug Regulatory Authority of Pakistan Act (XXI of 2012), Ss. 3, 7, 10, 11 & 30---Criminal Procedure Code (V of 1898), S. 265-K---Constitution of Pakistan, Art. 199---Constitutional petition---Offence of misuse of authority---Proof---Regulatory functions---Price fixing---Drug Pricing Committee---Voluntary Return or Plea bargain of co-accused---Effect---Petitioner / accused was Chairman of Drug Pricing Committee and he was alleged to have increased prices of drugs in connivance with accused pharmaceutical companies who had entered into plea bargain---Trial Court declined to acquit petitioner / accused in exercise of powers under S.265-K, Cr.P.C.---Validity---Provisions of Drug Regulatory Authority of Pakistan Act, 2012 has overriding effect upon National Accountability Ordinance, 1999---Both were special laws having different jurisdictions to settle their technical aspects but Drug Regulatory Authority of Pakistan Act, 2012 had ultimate authority to fix or re-fix price of any drug or it could decrease or increase the same, which was not in the purview of…