CONTINENTAL BEVERAGES (PVT.) LTD. Versus COLLECTOR, CENTRAL EXCISE AND LAND CUSTOMS, SOUTH ZONE, KARACHI

ORDER

Tariq Mehmood petitioner seeks bail in a case registered with Police Station, Sargodha City for offences under sections 23(1)(a)(iii) and 27 of Drugs Act, 1976, vide F.I.R. dated 28-4-1993. The allegation against the petitioner is that he was found in possession of certain drugs regarding which he could not produce warranty.

2. Learned counsel for the petitioner contends that the petitioner was arrested on 14 th of June, 1993, yet till today the trial has not commenced and the petitioner is not required for purposes of investigation any more. Argued that proceedings against the petitioner are bad in law because the Drug Inspector was bound under the Drugs Act to seek permission of the Provincial Quality Control Board before registration of the case. Argued that in the instant case the Drug Inspector did not even apply to the Provincial Quality Control Board for permission for registration of the case and in such circumstances, the case pending against the petitioner is a nullity in law.

3. After hearing the learned counsel for the petitioner at length and going through the relevant provisions of law with his assistance, I have noticed that the case was got directly registered. Even otherwise, it has been more than three months, yet the challan has not even been submitted in Court. In these circumstances, the petitioner is, allowed bail provided he furnishes security in the sum of Rs.30,000 (Rupees thirty thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sargodha.

N.H.Q./T-68/L

Bail allowed.