Law:

Section:

(a) Drugs Act (XXVIII of 1940)-. Ss. 18(,1) & 27-Proceedings under Act-Criminal in nature Accused cannot be estopped from pleading bar of jurisdiction.[Jurisdiction]. Mohammad Afzal v. Board of Revenue P L D 1967 S C 314 and Khena Ram v. Commissioner, F. C. R. P L D 1969 Quetta 24 ref. (b) Drugs Act (XXVIII of 1940) --- S. 18 and Drugs Act (XXXI of 1976) read with General Clauses Act (X of 1897), S. 6(e)-Effect of repeal-Object of enacting S. 6 of General Clauses Act-To protect rights and liabilities already accrued or incurred under repealed law-Drugs Act of 1976, while repealing Act of 1940, not providing a saving clause-Complaint not made regarding alleged offence under S. 18 of Act of 1940 before repeal of Act Held, a vested right or liability as envisaged under S. 6, could not be deemed to have accrued for enforcing same under repealing enactment.-[Interpretation of statutes]. Abbot v. Minister for Law 1895 A C 425 ref. (c) Drugs Act (XXXI of 1976)- -- Act not retrospective in operation so as to take cognizance of offence committed under repealed Drugs Act (XXVIII of 1940)Offence committed during operation of Act of 1940-Trial of such offence by forum constituted under Act of 1976-Held, vitiated resulting in incurable irregularity and illegality. Maxwell on Interpretation of Statutes, 9th Edn., pp. 222-223; Gondicalo Hypolito Constancio Noronha v. Damji Devji P L D 1954 P C 22 and Salig Ram v. Emperor A I R 1943 All. 26 ref. (d) Interpretation of statutes-- Change of forum by law-Always retrospective relating as it does to a matter of procedure-Procedural change brought about by a new law-To be treated as retrospective unless by clear words or necessary intendment shown to be prospective-Procedural change in forum affecting existing rights of parties, however, cannot be construed to have retrospective operation. Al f Din v. Shaukat Ali P L D 1969 Pesh. 62 ref. (e) Drugs Act (XXXI of 1976)- --- Provisions of Act penal in nature-Such provisions have no retrospectivity in operation.-[Interpretation of statutes]. JUDGMENT MANZOOR HUSSAIN SIAL, J.-The appellant, a proprietor of Usman Medical Store at Khudian, a small town in District Kasur, was tried under…

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