2006 PLP 668 (MLD)

ASIF SAEED KHAN KHOSA, J.

Through this petition the petitioners have sought quashing of F.I.R. No.444 registered at Police Station City, Pakpattan Sharif on 6-8-1998 for offences under sections 23(1)(a)/23(1)(a)(vii)/27(1)(a)(b)/30(2)(a) of the Drugs Act, 1976.

2. The allegation levelled in the impugned F.I.R. is, that some spurious drugs were recovered from the petitioners' medical store. The learned counsel for the petitioners has referred to the provisions of section 11(5)(b), section 19(6) and section 22(3)(c) of the Drugs Act, 1976 besides alluding to rule 4 of the Punjab Drugs Rules, 1988 so as to maintain that in the absence of complying with the requisite requirements and formalities provided by the law a criminal case could not be registered against the petitioners on the basis of the allegations levelled in the impugned F.I.R. As against that the learned counsel appearing for the respondents has submitted that the legal formalities required by the above-mentioned provisions referred to by the learned counsel for the petitioners had been dispensed with through a letter dated 25-7-1998 issued by the Secretary, Provincial Quality Control Board, Punjab and, thus, nothing turns on non-fulfilment of the said formalities.

3. After hearing, the learned counsel for the parties and going through the record of this case with their assistance it has been observed by me that the Drugs Act, 1976 as well as the Rules framed thereunder constitute a special law and they have to be given effect to as such. It is not disputed that the legal requirements and formalities mentioned in sections 11(5)(b), 19(6) and 22(3) of the Drugs Act, 1976 as well as of rule 4 of the Punjab Drugs Rules, 1988 had not been complied with in this case before registration of the impugned F.I.R. It has. already been held in the cases of Shuja Ullah v. The State and others (1994 PCr.LJ 1065), Ghulam Hussain Unnar v. The State (1996 PCr.LJ 414) and Sheikh Anwar-ul-Haq v. Deputy Inspector-General of Police, Lahore Range, Lahore and 2 others (2000 PCr.LJ 1644) that in the absence of fulfilment of the abovementioned legal requirements and formalities a criminal case cannot be registered for an offence under the Drugs Act, 1976. In the above mentioned precedent cases the F.I.Rs. registered under the Drugs Act, 1976, were quashed. In the last of the abovementioned precedent cases the letter dated 25-7-1998 issued by the Secretary, Provincial Quality Control Board, Punjab had specifically been commented upon and it had clearly been held that the said letter could not override the legal requirements provided in the Drugs Act, 1976. As the legal position on the subject already stands settled through the abovementioned precedent cases, therefore, I may not go into any other detail pertaining to the case in hand. This writ petition is, thus, allowed and the abovementioned impugned F.I.R. is hereby quashed. There shall be no order as to costs. H.B.T./M-67/L??????????????????????????????????????????????????????????????????????????????????? Petition allowed.