2006 PLP 2650 (YLR)
Rana MUNIR HUSSAIN — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 2650 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, J |
| Parties | Rana MUNIR HUSSAIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1998) |
Q1: What are the key laws and sections cited in 2006 PLP 2650 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1998) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 2650 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 2650 (YLR) (Rana MUNIR HUSSAIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- "(1) Ch. Muhammad Hanif Khatana, the learned Additional Advocate General Punjab, submits that section 419, P.P.C. is fully applicable in this case as impersonation has been committed by the petitioner coupled with violation of drug laws.
- (3). In view of the above, let bailable warrants in the sum of Rs.50, 000 each be issued against S.H.O. Sukhekey, A.S.-I. Muhammad Yaqoob and A.S.-I. Zulfiqar to be served through the Senior Civil Judge Hafizabad, for their appearance before this Court. Muhammad Nawaz, D.H.O. Hafizabad shall also be summoned by the Iearned Additional Advocate General for the next date of hearing.
- 3. On the other hand, Ch. Muhammad Hanif Khatana, the learned Additional Advocate-General Punjab, submits that the petitioner is not a qualified dispenser; that section 419 P.P.C. and section 27(4) of the Drug Act, 1976 are fully applicable in this case; that although the petitioner has got no licence but he is running a hospital by the name of Clinic Hospital National Programmer which have been duly mentioned in the F.I.R. in hand; that as far as Allopathic law is concerned, the same is not applicable in this case and that since the petitioner is playing havoc with the lives of the innocent people of the area, therefore, he is not entitled to the concession of pre-arrest bail. Further submits that the petitioner has not alleged any mala fide on the part of the D.H.O., Hafizabad present in Court.
- 5. Pursuant to a direction of this Court, the District Health Officer, Hafizabad has entered appearance before this Court to submit that the petitioner, in the garb of business of medical stores and the hospital in question, is indulged in the business of narcotics; that on having come to know about the said illegal business of the petitioner, he did take steps i.e. petitioner's medical store was sealed but surprisingly the petitioner himself de-sealed the same where after case was registered against the petitioner under section 27 of the Drug Act, 1976. The facts brought before this Court are indicative of the fact that the petitioner does not have a valid licence to run the business in question but despite that he is playing havoc with the lives of the people. He has not only opened medical stores but is also running a hospital A by the name of Clinic Hospital National Programme. Learned counsel for the petitioner has not been able to show this Court the authority under which the petitioner is running the said sensitive business. Petitioner has also failed to show any mala fide on the part of the District Health Officer in this regard. So far as Qazi Saifullah, who is complainant in some other case, is concerned, he has nothing to do with the present case. As per learned Additional Advocate-General sections 419, P.P.C. and 27(4) of the Drug Act, 1976 are also fully applicable in this case. But surprisingly both the sections are non-existent in the F.I.R. which is mala fide on the part of the local police. Only section 420, P.P.C. and sections 5/6 of the Allopathic have been mentioned in the F.I.R. which is bail able. In the afore-referred circumstances, I am of the considered view that the offence is not so light as has been made by the police or the DHO. One can realize the gravity of the offence that by way of running the business purpose of which is only to make money, the petitioner and other related persons are playing with the lives of the people. The right to live is a fundamental right and the people have the right to enjoy with the same because the same is guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. Unfortunately, no attention is being given towards such illegal business. Even otherwise, it has come to the notice of this Court that the people attached with such a havoc business are going scot-free after joining hands with the police and the authorities in the Health Department. It is need of the day that the persons, who are playing havoc with the lives of the people under the garb of business of medical stores and the illegal private hospitals, are indulged in the narcotic business as well, should be dealt with iron hands. It is now voice of the day that while purchasing the medicines from the Medical Stores people are frightened of "No.2" medicines. In my considered view not only the provisions under the Drug Laws but also the Penal Provisions coupled with Narcotic laws are attached if something incriminating is recovered from such a business place. To achieve the goals, immediate measures are required to be taken for which purpose the Authorities in the Departments of Health and Police can jointly convene special squads to eradicate such notorious business within from their jurisdiction. It is not a question of such a havoc business in District Hafizabad only but it is a matter concerning the whole nation. This exercise is required to be taken not only in District Hafizabad level but at the Provincial level. While dismissing this petition and before parting with this order, I am inclined to send a copy of this order each to the Inspector-General of Police C Punjab, Lahore, and the Secretary Health in the Government of the Punjab with a direction to take immediate steps for eradication of such illegal business from the Province the purpose of which is only to make money and respective detailed reports including the measures taken by them and targets achieved in the said exercise shall be communicated within a period of two months through the Additional Registrar (Judicial) of this Court for the information of this Bench.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860),S.419
Drugs Act (XXXI of 1976), S,27(4)
Accused was allegedly running a medical store and a hospital without a valid licence and was also indulged in the business of narcotics
Accused, thus, was playing havoc with the lives of the people
No authority whatsoever was shown by the accused under which he was running the said sensitive business
No mala fide was also shown against the District Health Officer in this regard
People attached with such a destructive business were going scot-free after joining hands with the police and the Authorities in the Health Department and they needed to be dealt with iron hands
Pre-arrest bail was refused to accused accordingly. Syed Muhammad Asghar Naeem for the Petitioner. Chaudhry Muhammad Hanif Khatana Add1.A.-G. Punjab with Ijaz Ahmad Bajwa for the State along with Dr. Muhammad Nawaz, DHO, Hafizabad, Mehmood S.-I./S.H.O., Yagoob A.S.-I. and Zulfiqar A.S.-I. in person.
Judgment & Decree
KHAWAJA MUHAMMAD SHARIF, J.
On the last date of hearing i.e. on 8-7-2005, following order was passed by this Court:-- "(1) Ch. Muhammad Hanif Khatana, the learned Additional Advocate General Punjab, submits that section 419, P.P.C. is fully applicable in this case as impersonation has been committed by the petitioner coupled with violation of drug laws. (2) On the last date of hearing, I had directed the learned Law Officer to direct Muhammad Nawaz, D.H.O. Hafizabad to appear before this Court. S.H.O. of Police Station Sukhekey and A.S.-I. Muhammad Yaqoob, who had registered the case in question, were also summoned. Zulfigar A.S.-I., who was present in Court on the last date of hearing, was directed to convey this order to all concerned for their appearance before thisCourt but they have not entered appearance. Even A.S.-I. Zulfiqar is not present. (3). In view of the above, let bailable warrants in the sum of Rs.50, 000 each be issued against S.H.O. Sukhekey, A.S.-I. Muhammad Yaqoob and A.S.-I. Zulfiqar to be served through the Senior Civil Judge Hafizabad, for their appearance before this Court. Muhammad Nawaz, D.H.O. Hafizabad shall also be summoned by the Iearned Additional Advocate General for the next date of hearing. (4) To be relisted on 15-7-2005".
2. In continuation of my above order dated 8-7-2005, learned counsel for the petitioner, in support of this bail before arrest petition, submits that within a short span of period i.e. from 12th to 23rd May, 2005 four criminal cases of the nature alike were registered against the petitioner and his brothers; that in two F.I.Rs. one Qazi Saifullah is the complainant who also runs a medical store and has a business rivalry with the petitioner; that the case against the petitioner is false and the petitioner is entitled to the pre-arrest bail.
3. On the other hand, Ch. Muhammad Hanif Khatana, the learned Additional Advocate-General Punjab, submits that the petitioner is not a qualified dispenser; that section 419 P.P.C. and section 27(4) of the Drug Act, 1976 are fully applicable in this case; that although the petitioner has got no licence but he is running a hospital by the name of Clinic Hospital National Programmer which have been duly mentioned in the F.I.R. in hand; that as far as Allopathic law is concerned, the same is not applicable in this case and that since the petitioner is playing havoc with the lives of the innocent people of the area, therefore, he is not entitled to the concession of pre-arrest bail. Further submits that the petitioner has not alleged any mala fide on the part of the D.H.O., Hafizabad present in Court.
4. I have heard learned counsel for the parties, have given consideration to the submissions made at the bar and have also gone through the record.
5. Pursuant to a direction of this Court, the District Health Officer, Hafizabad has entered appearance before this Court to submit that the petitioner, in the garb of business of medical stores and the hospital in question, is indulged in the business of narcotics; that on having come to know about the said illegal business of the petitioner, he did take steps i.e. petitioner's medical store was sealed but surprisingly the petitioner himself de-sealed the same where after case was registered against the petitioner under section 27 of the Drug Act, 1976. The facts brought before this Court are indicative of the fact that the petitioner does not have a valid licence to run the business in question but despite that he is playing havoc with the lives of the people. He has not only opened medical stores but is also running a hospital A by the name of Clinic Hospital National Programme. Learned counsel for the petitioner has not been able to show this Court the authority under which the petitioner is running the said sensitive business. Petitioner has also failed to show any mala fide on the part of the District Health Officer in this regard. So far as Qazi Saifullah, who is complainant in some other case, is concerned, he has nothing to do with the present case. As per learned Additional Advocate-General sections 419, P.P.C. and 27(4) of the Drug Act, 1976 are also fully applicable in this case. But surprisingly both the sections are non-existent in the F.I.R. which is mala fide on the part of the local police. Only section 420, P.P.C. and sections 5/6 of the Allopathic have been mentioned in the F.I.R. which is bail able. In the afore-referred circumstances, I am of the considered view that the offence is not so light as has been made by the police or the DHO. One can realize the gravity of the offence that by way of running the business purpose of which is only to make money, the petitioner and other related persons are playing with the lives of the people. The right to live is a fundamental right and the people have the right to enjoy with the same because the same is guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. Unfortunately, no attention is being given towards such illegal business. Even otherwise, it has come to the notice of this Court that the people attached with such a havoc business are going scot-free after joining hands with the police and the authorities in the Health Department. It is need of the day that the persons, who are playing havoc with the lives of the people under the garb of business of medical stores and the illegal private hospitals, are indulged in the narcotic business as well, should be dealt with iron hands. It is now voice of the day that while purchasing the medicines from the Medical Stores people are frightened of "No.2" medicines. In my considered view not only the provisions under the Drug Laws but also the Penal Provisions coupled with Narcotic laws are attached if something incriminating is recovered from such a business place. To achieve the goals, immediate measures are required to be taken for which purpose the Authorities in the Departments of Health and Police can jointly convene special squads to eradicate such notorious business within from their jurisdiction. It is not a question of such a havoc business in District Hafizabad only but it is a matter concerning the whole nation. This exercise is required to be taken not only in District Hafizabad level but at the Provincial level. While dismissing this petition and before parting with this order, I am inclined to send a copy of this order each to the Inspector-General of Police C Punjab, Lahore, and the Secretary Health in the Government of the Punjab with a direction to take immediate steps for eradication of such illegal business from the Province the purpose of which is only to make money and respective detailed reports including the measures taken by them and targets achieved in the said exercise shall be communicated within a period of two months through the Additional Registrar (Judicial) of this Court for the information of this Bench. N.H.Q./M-1198/L Pre-arrest bail refused.