MUHAMMAD IMRAN vs State Ss — 2021 PCrLJ 804 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 804 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: MUHAMMAD IMRAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103---S; S. 103; Criminal Procedure Code (V of 1898); Drugs Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD IMRAN VS State Ss. 23, 27, 34 & 18---Criminal Procedure Code (V of 1898), S. 103---Sale of drug not registered or not in accordance with the conditions of registration---Offences by companies, etc.---Search to be made in presence of witnesses---Scope---Prosecution case was that the Drug Inspector inspected a medical store; took unregistered drugs for the purpose of test and analysis; sent samples to the Drug Testing Laboratory; Laboratory declared the sample to be of unregistered quality; Secretary Quality Control Board granted approval for sanction of prosecution of the manufacturer and distributor, as such, complaint was forwarded to the Drug Court---Trial Court vide impugned judgment convicted the accused under Ss. 23(1)(a)(vii), 27 & 34 of Drugs Act, 1976---Contention of accused was that the Drug Inspector was bound to produce the notification to the effect that at the time of seizure he was posted in the relevant zone---Drug Inspector had conducted the proceedings as Drug Inspector Zone F while at the relevant time he was posted as Drug Inspector Zone D---Prosecution had neither recorded statement of owner or employee of the medical store nor recorded statements of nearby shopkeepers---Provisions of S. 103, Cr.P.C. were applicable to the search---Drug Inspector was bound to associate/call respectable inhabitants of the locality to become a witness--- Appeal against conviction was allowed, in circumstances.

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