| Case ID |
e07d47fa-c463-49be-ba34-86c0f9dcc226 |
| Body |
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| Case Number |
Criminal Appeal No. 385 of 2017 |
| Decision Date |
Nov 14, 2019 |
| Hearing Date |
Aug 21, 2019 |
| Decision |
The Balochistan High Court dismissed the appeal filed under section 31(7) of the Drugs Act, 1976 against the conviction and sentence passed by the Drug Court. The appellants were convicted for distributing unregistered drugs, Skysim Fort Syrup, which contained allopathic ingredients without the necessary registration. The court upheld the trial court's judgment, finding that the Drug Inspector acted within her jurisdiction and that the prosecution adequately proved the manufacturing and sale of the unregistered drug. The appellants failed to provide evidence supporting their claims that the drug was registered or that it was exempt from registration requirements. The High Court concluded that the trial court had rightly appreciated the evidence and upheld the convictions and sentences imposed on the appellants. |
| Summary |
This case revolves around the conviction of Syed Abid Gillani and Asif Mehmood Shah for the distribution of unregistered drugs under the Drugs Act, 1976. The Drug Inspector, Amber Noreen, conducted an inspection of their premises and seized a sample of Skysim Fort Syrup, suspected of containing unregistered allopathic ingredients. Despite the appellants' claims that the drug was herbal and did not require registration, the court found that they failed to provide sufficient evidence to support their defense. The High Court reiterated the importance of adhering to regulatory requirements in the pharmaceutical industry and the responsibilities of manufacturers to ensure their products are properly registered. The ruling emphasizes the legal framework surrounding drug regulation in Pakistan, underscoring the role of Drug Inspectors in enforcing compliance. The decision serves as a reminder for pharmaceutical companies about the significance of maintaining proper registration and adherence to legal standards to avoid severe penalties. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
JAMAL KHAN MANDOKHAIL,
JUSTICE ROZI KHAN BARRECH
|
| Lawyers |
Ahsan Rafiq Rana,
Saeed Ahmed Kakar,
Wajhat Khan Ghaznavi
|
| Petitioners |
Syed Abid Gillani,
Asif Mehmood Shah
|
| Respondents |
THE STATE
|
| Citations |
2020 SLD 785,
2020 PCRLJ 594
|
| Other Citations |
Not available
|
| Laws Involved |
Drugs Act, 1976
|
| Sections |
18(1),
27(1)(a),
31(7),
34
|