| Case ID |
14eb25fc-18d0-4475-8952-450ef9c1c39d |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.314-K of 1990 |
| Decision Date |
Jan 18, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal, reversing the High Court's order that had declared the proceedings against the respondents as unlawful. The Court emphasized that the High Court's exercise of constitutional jurisdiction under Article 199 was inappropriate, given that remedies were available under the Drugs Act. The Court directed that the case should proceed before the Drug Court, where the respondents could raise legal objections as permitted by law. The judgment clarified that the provisions of the Code of Criminal Procedure were applicable in prosecutions under the Drugs Act, and that the Drug Court possessed the authority to adjudicate the matter. |
| Summary |
In the case of Sindh Quality Control Board of Drug vs. M/s. Pioneer Laboratories, Karachi, the Supreme Court of Pakistan addressed crucial legal issues surrounding the jurisdiction of the High Court in criminal prosecutions under the Drugs Act, 1976. The appeal arose after the High Court ruled that the proceedings initiated against the respondents were without lawful authority. The Supreme Court, however, found that the High Court's decision was premature and inappropriate, as the Drugs Act provided specific remedies that should be pursued within the framework of the law. The judgment underscored the importance of adhering to statutory provisions and the appropriate channels available for addressing grievances in criminal matters. The ruling reaffirmed the principles of judicial discretion and the delineation of powers between the High Court and specialized courts such as the Drug Court. With a focus on procedural integrity, the Supreme Court's decision serves as a significant precedent for future cases involving the Drugs Act and the constitutional jurisdiction of the High Court. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
SINDH QUALITY CONTROL BOARD OF DRUG,
M/s. PIONEER LABORATORIES, KARACHI
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
SALEEM AKHTAR,
WALI MUHAMMAD KHAN, JJ
|
| Lawyers |
|
| Petitioners |
SINDH QUALITY CONTROL BOARD OF DRUG
|
| Respondents |
6 others,
M/s. PIONEER LABORATORIES, KARACHI
|
| Citations |
1993 SLD 693,
1993 SCMR 1177
|
| Other Citations |
A. Habib Ahmad v. M.K.G. Scott Christian and others PLD 1992 SC 353,
Abdur Rehman Bajwa v. Sultan and 9 others PLD 1981 SC 522,
Abdul Aleem v. Special Judge (Customs), Lahore 1982 SCMR 73,
Ghulam Muhammad v. Muzammal Khan and 4 others PLD 1967 SC 317
|
| Laws Involved |
Drugs Act, 1940,
Constitution of Pakistan, 1973
|
| Sections |
30(b),
185(3),
199
|