Rukhsar Ahmad vs State S — 2025 PCrLJ 700 LAHORE-HIGH-COURT-LAHORE

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Rukhsar Ahmad VS State S. 497---Drugs act (XXXI of 1976), Ss. 23, 27 & 30---Drug Regulatory authority of Pakistan act (XXI of 2012), Ss.27, 29 & Schedule-IV---Punjab Drugs Rules, 2007, R.5(3)---Spurious drugs, selling of---Release of accused---Quashing of FIR---Cognizance of offence---Procedure---Words "shall examine" and "shall issue a show cause notice"---accused was arrested for selling varieties of therapeutic goods including allopathic drugs which were either unregistered, suspected to be spurious, lacked essential manufacturing and enlistment details or were without warranty---accused sought bail after arrest on the plea that FIR was registered without following the prescribed procedure---Validity---In R.5(3) of Punjab Drugs Rules, 2007, use of word "shall" in phrases like "shall examine" and "shall issue a show cause notice" suggested that the provision was mandatory, requiring strict adherence---although R.5 of Punjab Drugs Rules, 2007 does not explicitly outline penalties for non-compliance, its primary purpose is to protect individual rights by ensuring procedural fairness through issuance of show cause notice and opportunity to be heard---Failure to comply with R.5 of Punjab Drugs Rules, 2007 render any action taken as invalid---Order in the nature of writ of certiorari and mandamus is to foster justice and correct a wrong---Courts of law are not supposed to perpetuate what is unjust and unfair, instead they should explore ways and means to undo what was unjust and inequitable---High Court directed the authorities to release the petitioner and quashed the FIR---High Court directed the authorities to place the case before District Quality Control Board for de novo proceedings after issuing show cause notice under R.5(3) of Punjab Drugs Rules, 2007, to petitioner and affording him an opportunity of hearing---Constitutional petition was allowed accordingly.

Rukhsar Ahmad vs State S — 2025 PCrLJ 700 LAHORE-HIGH-COURT-LAHORE

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