Law: Constitution of Pakistan, 1973

Section: 199

Law: Drugs (Federal) Inspectors, Federal Drugs Laboratories and Federal Government Analysts) Rules, 1976

Section: 13

Drugs Federal Inspector, Federal Drugs Laboratory and Federal Analysis Rules, 1976--- ---- R. 13 --- Constitution of Pakistan (1973, Art. 199 --- Constitutional petition--­Respondents posting as Assistant Chemical Examiner was challenged on plea that he did not possess minimum, qualification to act as Assistant Chemical Examiner in terms of R.13, which required that person holding such post must be a person who was holding degree in Pharmacy or Pharmaceutical Chemistry or Medicine of a Pakistani University --- Grievance had arisen to petitioner (Advocate) on' conviction of his client on -basis of certificate issued by respondent --- Petitioner's plea was that Assistant Chemical Examiner being not qualified for the job, conviction on basis of his certificate was not warranted--­Sample for laboratory test as per practice and procedure of the Department concerned was not sent directly to respondent but was sent to concerned laboratory, from where Chemical Examiner sent it to respondent for testing and on preparation of the same, Chemical Examiner himself signed the same --- As for conviction of petitioner's client, it was not only based on such certificate but on evidence of witnesses --- Respondent, however, was M.Sc. (Organic Chemistry and Pharmaceutical Chemistry) which showed that Pharmaceutical Chemistry was his special subject, therefore, he fulfilled qualifications to act as Assistant Chemical Examiner in terms of R. 13 of the Rules ---- Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: SHAH NAWAZ A. AWAN, JUSTICE:---.--- By short order we dismissed the petition after hearing the learned counsel for the parties. Following are the reasons for dismissal of this petition. The petitioner who is an advocate enrolled with the Sindh Bar Council filed this petition against the respondents Nos. 1 to 11 but the names of the respondents Nos.2 to 11 were deleted as per order passed by this Court on 10-9-1986. The grievance of the petitioner against the respondent No. 1 who was working as Assistant Chemical Examiner, Pakistan Customs House, Karachi by name Abdul Basit son of Abdul Samad was that he does not possess the minimum…

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