Prohibitions

2013 MLD 965 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 23, 27 & 34ProhibitionsImport, manufacture and sale of drugsOffences by companies etcAppreciation of evidenceAccused were convicted by Trial Court under Ss. 23 and 34 of the Drugs Act, 1976

Complainant (Provincial Inspector of Drugs) had contended that during an inspection at the premises of the accused's Medical Store, drugs which were government property and not for sale were recovered from the possession of the accused, and the accused failed to produce/show invoices or bills for the same

Contention of the accused was that findings of Trial Court were erroneous

Validity

Complainant/Inspector had stated that he recovered the drugs which were government property and 'physician samples' (not for sale) from the place of the incident and such inspection was not denied by the accused and it appeared that accused being, proprietor and licence-holders of the medical store in question, were in knowledge about the drugs

Accused did not challenge the proceedings initiated by the Inspector before any forum prior to a filing of a direct complaint

Evidence of the prosecution was corroborated by ocular evidence along with circumstantial evidence which included the report of the Provincial Quality Control Board

Accused failed to provide bills and warranties for the drugs in question which showed that the accused had contravened S. 23(1) of the Drugs Act, 1976

Accused were fully aware of the sale and purchase of the drugs in question and they in association with each others, had committed the offence which fell within the purview of S. 34 of the Drugs Act, 1976

Case of the prosecution was established beyond reasonable doubt, therefore, sentence and conviction of the accused under S. 27(4) of the Drugs Act, 1976 was to be maintained

Appeals were dismissed, in circumstances.