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S. M. WAJEEHUDDIN vs State Ss — 2021 PLD 154 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 154 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
S. M. WAJEEHUDDIN vs State Ss
Subject matter
Criminal

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

S. M. WAJEEHUDDIN VS State Ss. 27(4) & 34---Drugs Registration, Licensing and Advertising Rules, 1976, R. 30(4)(5)---Offence by Pharmaceutical company---Appreciation of evidence---Substitution of accused---Knowledge of Chief Executive Officer of Company---Proof---Accused was Chief Executive Officer of Pharmaceutical company alleged to have caused shortage of life saving drug in market---Trial Court convicted the accused and sentenced him to imprisonment till rising of the Court along with fine---Validity---Managing Director nominated as accused in FIR was substituted by appellant as accused on the ground that he replaced nominated official who had ceased to be Chief Executive Officer of the company---Neither accused could be substituted against nominated official nor he could be made responsible of alleged shortage---Criminal culpability could not be shifted to accused after his assuming charge of Chief Executive of the Company---Prosecution failed to establish its case against Company, nor it could prove knowledge or consent of its directors or officers in alleged offence---High Court set aside conviction and sentence awarded to accused and acquitted him of the charge---Appeal was allowed, in circumstances.

Other judgments reported in 2021 PLD

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