2008 PLP 87 (MLD)

KHAWAJA MUHAMMAD SHARIF, J.

This is second round of litigation. Earlier this Court had quashed the instant complaint on the ground that complainant Dr. Jamil Ahmad had no authority to file a complaint against the petitioner, thereafter, Dr. Jamil Ahmad filed petition for special leave to appeal before the apex Court, in which, Hon'ble apex Court directed that Dr. Jamil Ahmad should also be heard as the order was passed on his back.

2. Learned counsel for the petitioner submits that Dr. Jamil Ahmad was not authorized to lodge the F.I.R. and then to file the complaint because it is a clear violation of section 10 of Allopathic System (Prevention of Misuse) Ordinance, 1962.

3. On the other hand, learned counsel for Dr. Jamil Ahmad has submitted a letter issued by Chief Secretary, Government of Punjab, Health Department to all the Commissioners and Deputy Commissioners in the Punjab, dated 15th July, 1997, relevant portion of the same is reproduced below:-- "A team of three members at District level comprising District Health Officer or Deputy, District. Health Officer, Drug Inspector and Magistrate be constituted. The, team should work on war looting for 5 months/Drug Inspector will prosecute the quacks for keeping drugs without Drug Sale Licence and without warranties in the Drug Court and also seal the premises so that offence may not" continue to be committed. District Health Officers/Deputy District Health Officers should prosecute the quacks under the Allopathic System Ordinance, 1962, in the Court of 1st Class Magistrate."

4. On the other hand, learned Addl. A.G. concedes the submissions made by the learned counsel for the petitioner and further submits that F.I.R. lodged on this issue was also found to be false and the same was cancelled.

5. After having heard learned counsel for the parties and going through the documents available on record, I am of the considered opinion that Dr. Jamil Ahmad was not authorized to lodge the instant complaint according to section 10 of Allopathic system (Prevention of Misuse) Ordinance, 1962 and also according to letter issued by Chief Secretary, Government of Punjab, Health Department to all the Commissioners and Deputy Commissioners in the Punjab, dated 15th July, 1997 because these six months were expired in December, 1997 while the instant complaint was lodged on 9-12-1999 and at that time there was no order either from District Health Officer or Deputy District Health Officer or any notification by the Federal Government or by the Provincial Government in this regard and moreover that letter cannot be used retrospectively, therefore, this petition is accepted, impugned orders are set aside and the proceedings pending against the petitioner, on the subject-matter, before respondent No.2 are hereby quashed. N.H.Q./M-5/L Proceedings quashed.