NAZIR AHMAD vs State S — 2022 MLD 1030 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1030 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: NAZIR AHMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 27---M; S. 27; 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

NAZIR AHMAD VS State S.27---Manufacturing and selling spurious or unregistered drug---Appreciation of evidence---Benefit of doubt---Scope---Accusation levelled in the complaint was that Drug Inspector inspected the business premises of accused and took possession of a syrup for test and analysis on suspicion of having allopathic ingredients---Forensic laboratory declared that the sample contained Vitamin B1, B2, Niacinamide and Vitamin C---Provincial Quality Control Board after affording personal hearing to the accused granted permission for prosecution for manufacturing, stocking/selling unregistered, spurious drugs---Trial court convicted the accused under S. 27 of Drugs Act, 1976---Accused was not manufacturer of the drug---Only a meager quantity, i.e. five bottles of the syrup were found and recovered from the Dawa Khana of accused, as such, it could not be said that the accused was manufacturing the same or had kept the same for selling it rather it would be available there for use of the accused---Nowhere was it mentioned in the report of Forensic Laboratory that the sample of impugned medicine was adulterated, substandard, misbranded or spurious; it was also not mentioned therein that ingredients found in the impugned medicine were exclusively allopathic and not natural, herbal or homeopathic---Prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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