Law:

Section:

(a) Drugs Act (XXXI of 1976)--Ss. 30---Cognizance of offences---Non-compliance of S.30 of Drugs Act, 1976---Effect---Failure to raise objection to proceedings by the defence would not validate the proceedings otherwise invalid---Requirement of law enjoined by S.30 of the Drugs Act, 1976 is meant to be complied with by the prosecution and if no objection had been raised by the defence at the trial, it would not validate the proceedings which otherwise stood vitiated for non-compliance of S.30, Drugs Act, 1976. (b) Drugs Act (XXXI of 1976)--- ---Ss. 27(1)(a) & 27(2)(b)---Constitution of Pakistan (1973), Art.185(3)--- Appeal against acquittal---Prosecution could be instituted tinder the law either by a Federal Drug Inspector or Provincial Drug Inspector and the complainant in the case did not hold any of these positions---Complainant being not competent to institute the case/prosecution before the Drug Court, the entire proceedings stood vitiated---View taken by High Court resulting in acquittal of accused was correct and in consonance with law---Leave to appeal was refused accordingly. Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 13th December, 1995. ORDER SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of the learned Judge in Chamber whereby the appeal filed by the respondent against his conviction under sections 27(1)(a) and 27(2)(b) of the Drugs Act, 1976 (hereinafter called the Act), was allowed on the sole ground that Mr. G.R. Halipota, Divisional Drug Inspector, who had filed the complaint, was not an Inspector appointed under section 17 of the Act. 2. The brief facts are that a complaint was made by the Government 1 &, I. Medical Store Depot, Karachi to the effect that chloroquine phosphate tablets bearing batch No.692079 with manufacturing date of July 1'986 and expiry date of July 1988, sold by the respondent and claimed to have been manufactured by M/s. Pakistan Vitamins Products Ltd., were spurious, counterfeit, misbranded and adulterated drug. This letter was addressed to Mr. Abdul Jabbar Qazi, the then Area Inspector of Drugs, Karachi and he was required to draw…

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