1986 PLP 1691 (MLD)

‑‑‑S. 497‑‑Drugs Act (XXXI of 1976), Ss. 23 & 27‑‑Penal Code (XLV of 1860), 5.420‑‑Bail, grant of‑‑Accused 'G', a driver of accused 'A', an illiterate person‑‑Seemingly obeying his master in filling bottles without knowing genuineness of drug‑‑Two lady co‑accused found filling bottles in factory, already on bail‑‑Case of accused 'G', held, being identical to lady co‑accused he was allowed bail in circumstances. Sh. Zia Ullah for Petitioners. Zafar Yasin for the State. This bail petition has been moved on behalf of Muhammad Asif and Ghulam Mustafa petitioners who stand arrested under section (1)(A)(I) 23/27, Drugs Act, 1976, read with section 420, P.P.C. by C.I.A. Chuna Mandi Police in the case registered at Police Station Ichhra, Lahore.

2. On receipt of secret information that spurious drugs are being manufactured in a factory situated in Chowk Ashiqabad, Ichhra, Muhammad Khan, Inspector Police formed a party and raided the premises on 26‑6‑1986 where the petitioners with two ladies namely, Mst. Angerina and Mst. Nasreen were found filling spurious Septran Syrup in bottles, and were arrested. Three containers each containing 500 bottles of syrup, six thousand lables, six thousand cartons and two thousand caps, besides implements and machinery. used for manufacturing the above‑said drug were also seized from 'the premises. A case was accordingly registered and investigated.

3. It has been found in the investigation that the premises was taken on hire by Muhammad Asif petitioner and one Muhammad Akbar. In the rent‑note only Muhammad Akbar is stated as tenant, while Muhammad Asif petitioner has signed the rent‑note as marginal wjtness. The owner of the premises, however, stated that it‑was obtained on hire both by Muhammad Asif petitioner and Muhammad Akbar. It is also in evidence that Muhammad Asif petitioner is a Graduate in Pharmacy. Learned counsel for the petitioner stated that Ghulam Mustafa petitioner is a driver of Muhammad Asif petitioner and is illiterate.

4. Learned Drug Court while declining the bail to the petitioners observed that the drug recovered from the factory was neither registered nor the petitioners had a licence to manufacture it and that the process (bottling and packing of drug) in which the petitioners were found engaged is covered by the definition of "Manufacture". It further observed that Muhammad Asif petitioner being Graduate in Pharmacy fully knew "what was being done at the spot".

5. I have heard the learned counsel for the petitioners as well as for the State and also perused the record.

6. From the above narration, prima facie it appears that Muhammad Asif petitioner, a Graduate in, Pharmacy; is an active partner in the factory found engaged in manufacturing spurious Septran syrup. A manufacturer of spurious drugs is the worst offender against society, as he plays with the health of nation, therefore, Muhammad Asif petitioner does not deserve the grant of concession of bail. This petition to his extent is dismissed.

7. Case of Ghulam Mustafa petitioner who is driver of Muhammad Asif, is distinguishable, he is illiterate. By filling the bottles he seemed to be obeying his master without knowing if the drug being filled into packed was spurious or genuine. His case is identical to that of Mst. Angerina and Mst. Nasreen whom I have earlier released on bail, vide order, dated 12‑7‑1986, (in Criminal Miscellaneous No. 486/13/86). Consequently, I would allow bail to him. He be released on bail subject to his furnishing bail bond in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate Sadar, Lahore. S.A. Petition partly accepted.