2022 P Cr (PLP)
KHALID HUSSAIN — Petitioner Versus DRUG INSPECTOR/DRUG CONTROLLER LODHRAN and 2 others — Respondents
| Citation | 2022 P Cr (PLP) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | N/A |
| Parties | KHALID HUSSAIN — Petitioner Versus DRUG INSPECTOR/DRUG CONTROLLER LODHRAN and 2 others — Respondents |
| Primary Law | Drugs Act (XXXI of 1976) |
Q1: What are the key laws and sections cited in 2022 P Cr (PLP)?
This judgment primarily cites: Drugs Act (XXXI of 1976) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 P Cr (PLP)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2022 P Cr (PLP) (KHALID HUSSAIN — Petitioner Versus DRUG INSPECTOR/DRUG CONTROLLER LODHRAN and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mehmood Ali for Petitioner.
Headnotes / Summary
S. 18(h)
Criminal Procedure Code (V of 1898), Ss. 435 & 439
Scope
Petitioner assailed order passed by Chairman, Drug Court, whereby his application for de-sealing of his medical store was dismissed on the ground that it was passed without referring to allegations levelled against the petitioner
Order passed by Chairman, Drug Court, was not speaking one as neither detail of allegations leveled against the petitioner in the complaint were mentioned nor did it appear that the relevant record was perused before passing the impugned order
Impugned order was set aside and the matter was remanded for decision afresh.
Judgment & Decree
Criminal Misc. No. 161 of 2021 Through this application learned counsel for the petitioner wants to bring on record certain documents appended with this petition. Allowed subject to all just and legal exceptions. Main Petition Through this criminal revision filed under section 435, Cr.P.C. petitioner-accused Khalid Hussain has assailed order dated 5.1.2021 whereby his application for de-sealing of his medical store has been dismissed on the grounds that it has been passed without referring to allegations levelled against the petitioner. Learned counsel further argued that impugned order on the face of it, is not a speaking one, hence it is not sustainable.
2. Heard. File has been gone through.
3. It has been noticed that order passed by the Chairman, Drug Court, Multan is not speaking one as neither detail of allegations levelled against the petitioner/accused in the complaint were mentioned nor relevant record appears to have been perused by the Drug Court before passing the impugned order. In the above backdrop order passed by the Duty Judge of Chairman, Drug Court, Multan is not sustainable and the same is set aside. The matter is remanded to learned Chairman, Drug Court, Multan with a direction to decide the application of the petitioner regarding de-sealing of his medical store afresh after providing an opportunity of hearing to all stake holders. Parties are directed to appear before the Chairman, Drug Court Multan on 8.2.2021. Disposed of. SA/K-15/L Case remanded.