Case Details

Citation(s)
1981 SLG 1341 1981 SLD 1341 1981 PLD 594
Supreme Court of Pakistan
Criminal Appeal No. 207 of 1977, decision dated: 10th June 1981. (On appeal from the judgment and order of the Lahore High Court dated 17th November. 1976, in Cr. Miscellaneous 456/Q/76).
KARAM ELAHEE CHAUHAN AND SHAH NAWAZ KHAN, JJ

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STATE AND others

VS

MUHAMMAD ALI CHAUDHRI AND others

Law:

Section:

Drugs Act (XXIIl of 1940)-------- S. 32-Complaint-Proper presentation---Complaint titled, headed, and numbered by Drug Inspector as a complaint--Complaint addressed to Magistrate, mentioning date of raid, contents of goods seized, fact of Analyst having not found goods conforming with specified standard, supply of goods by respondents to a Hospital, offence under S. 18 being constituted and action prayed for under Ss. 27 & 28 of Act XXIII of 1940-Complaint making mention of witnesses and stating them to be same as in challan form-Challan form directed to be put in Court by Drug Inspector and constituting enclosure to com­plaint-Suggestion as to prosecution in such case having not been instituted by Drug Inspector, held, not correct and Drug Inspector acted quite consciously with full application of his own independent mind-Case remanded to trial Court for further proceedings a ccord­ing to law--Drugs Act (XXIII of 1940), Ss. 18, 27 & 28.-[Complaint]. Messrs Nawabsons Laboratories Ltd., Lahore v. The Superintendent of Police, Federal Investigation Agency and another P L D 1976 Lah. 813 held not relevant. M. Iqbab Kokab, Advocate Supreme Court for the Advocate-General (Punjah) (absent) for Appellants. Ismail Tajani, Advocate-on-Record (absent) for Respondents. Date of hearing : 10th June 1981. JUDGMENT KARAM ELAHES CHAUHAN, J.-According to the prosecution, a Drug Inspector seized on 11th April 1975, under section 22 of the Drugs Act XXIII of 1940 (hereinafter called the Act) certain quantity and samples of two drug (Ampiclox Injunction 500 m.g. Batch Nos. 59/2 and 75 m.g. Batch No. 58/2) which had been supplied by Beecham Pakistan Limited. Lahore-(on supply from the Karachi Office who in turn had received the same from the Beecham Research Laboratories, Singapur)-to the Drug Store, Services Hospital, Lahore. On 26-4-1975, he reported the conduct of this raid to the Magistrate/Assistant Commissioner, Lahore and solicited permission under section 25(3)(b) of the Act to keep the seized stock in his custody, apparently for getting them properly checked and analysed from the Laboratory, etc. The permission was granted on 26/28-4-1975. 2. The Drug Inspector had…
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