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MUHAMMAD QASIM vs State S — 2021 SCMR 1344 SUPREME-COURT

Case information

Citation
2021 SCMR 1344 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD QASIM vs State S
Subject matter
Criminal
Provisions referred to
S. 497---D; S. 109---M; S. 2; Penal Code (XLV of 1860)

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 QASIM VS State S. 497---Drugs act 1976 (XXXI of 1976), Ss. 23 & 27---Drug Regulatory authority of Pakistan act (XXI of 2012), Ss. 2(ii) & 27(2)---Penal Code (XLV of 1860), S. 109---Manufacturing/stocking and selling therapeutic drugs in violation of the law, abetment---Bail, grant of---Rule of consistency---Prosecution stated that the medicines in question fall within the definition of alternate medicines within contemplation of S. 2(ii) of the Drug Regulatory authority of Pakistan act, 2012, yet the principal accused, had since been conceded bail---Record showed that case of present accused persons was on better footing compared to the principal accused, therefore, following the rule of consistency, the accused persons were entitled to bail---Petition for leave to appeal was converted into appeal and allowed, accused persons were granted bail with the directions that office shall make a separate file, register it as Suo Motu Case and place the same before the Chief Justice for placing the same before an appropriate Bench to consider the regulatory framework for alternate medicines, their dispensation either in raw form or in the form of finished products so as to ensure that people were not being looted and harmed.

Other judgments reported in 2021 SCMR

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