P L D 1996 Karachi 208 (PLP)

S.M. Shahoodul Haq for Respondent. Date of hearing; 14th November, 1995. . .JUDGMENT SHAH NAWAZ A. AWAN, J‑‑By short order we dismissed the petition after hearing the learned counsel for the parties. Following are the reasons for dismissal of this petition. . The petitioner who is an advocate enrolled with the Sindh Bar Council filed this petition against the respondents Nos. 1 to 11 but the names of the respondents Nos.2 to 11 were deleted as per order passed by this Court on 10‑9‑1986. The grievance of the petitioner against the respondent No. 1 who was working as Assistant Chemical Examiner, Pakistan Customs House, Karachi by name Abdul Basit son of Abdul Samad was that he does not possess the minimum qualification to act as Assistant Chemical Examiner as laid down under Rule 13 of the Drugs Federal Inspector, Federal Drugs Laboratory and Federal Analysis Rules 1976 which lays down that a Federal Government Analyst shall be a person who has a degree in pharmacy or pharmaceutical chemistry of medicine of a Pakistani University or of any other institution recognized by the Federal Government for the purpose and has not less than three years post‑graduate experience in the test and analysis of drugs (or experience of the Drugs Control Administration or Drugs Quality Control Administration or both for a period aggregating not less than five years). The grievance arose to the petitioner on the conviction of the respondent No.4 awarded by the respondent No.3 on the basis of a certificate of testing issued by the respondent No. I which certificate according to the petitioner is not issued by a competent person therefore conviction cannot be based on the so‑called certificate issued by a person who does not possess the requisite qualification. I We have heard the arguments of the teamed counsel and have perused the record of this petition. However, the respondent No. 1 considered to act as Assistant Chemical Examiner, Customs House who appointed him vide Office Order No.G‑No. CEIR/910/8 dated 4‑2‑1985. The sample of the heroin was not sent directly to the respondent No. I but under the practice usually samples are being sent by testing purposes to Customs Laboratory and not to the respondent No. 1 directly and under the orders of Chemical Examiner, respondent No. I conducted the testing of narcotic's samples and gave his testing report which is also countersigned by the Chemical Examiner of the Customs Department and further that the respondent No. I prepared the resting report in accordance with the prescribed procedure which is followed in Customs Chemical Laboratory in carrying the tests of narcotics samples and more over the judgment of conviction which is filed by the petitioner as Annexure 'A' shows that the conviction is not only based on the sole report of the Assistant Chemical Examiner but it is also based on the evidence of the witnesses and further that the respondent. No. I is M.Sc (Organic Chemistry and Pharmaceutical Chemistry) which shows that pharmaceutical chemistry was his special subject therefore he fulfils the qualification t6. act as Assistant Chemical Examiner as laid down in Rule 13 the Drugs (Federal) Inspector Federal Drugs Laboratory and Federal Analysis Rules, 1976. The upshot of the above discussion is that this petition has got no merits which is accordingly dismissed. A.A./H‑l/K Petition dismissed.