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Official Citation: 2023 LHC 5352
Court / Jurisdiction: Lahore High Court
Year of Decision: 2023
Decision Date: 2023-10-18
Parties: Muhammad Hanif Abbasi vs The State
Ruling Summary: This decision was rendered by the Lahore High Court on 2023-10-18, officially reported as 2023 LHC 5352. In this matter between Muhammad Hanif Abbasi and The State, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2023LHC5352
Court Name: Lahore High Court Judge(s): Aalia Neelum, Asjad Javaid Ghural Title: Muhammad Hanif Abbasi vs The State Case No.:Crl. Appeal No.663 of 2018, Crl. Appeal No.684 of 2018, Crl. Appeal No.685 of
2018, Crl. Appeal No.834 of 2018, Crl. Appeal No.747 of 2018 Date of Judgment:2023-10-18 Reported As: 2023 LHC 5352, PLJ 2024 Cr.C. 1 Result: Appeal Dismissed Judgment Judgment: Aalia Neelum, J.- The appellant-Muhammad Hanif Abbasi, son of Muhammad Khalil Abbasi, resident of House No.56-E, Satellite Town, Rawalpindi, was involved in case F.I.R No.41 of 2012, dated 21.07.2012, offences under Section 9(c), 14 & 15 of the Control of Narcotic Substances Act, 1997, registered at Police Station ANF RD North, District Rawalpindi and was tried by the learned District & Sessions Judge/Judge Special Court (CNS), Rawalpindi. The learned trial court seized with the matter in terms of the judgment dated 21.07.2018, convicted the appellant under Section 9(c) of the Control of Narcotic Substances Act, 1997, and sentenced him to undergo imprisonment for life (R.I) with the direction to pay Rs.10,00,000/- (rupees one million) as fine and in case of default in payment thereof, to undergo simple imprisonment for 02-years further. The appellant was also convicted under section 16 of the Control of Narcotic Substances Act, 1997, and sentenced to undergo one year with the direction to pay Rs.5,000/- as a fine and, in case of default in payment thereof, to undergo simple imprisonment for 01-month further. The benefit of section 382-B Cr.P.C. was also extended in favor of the appellant. Both the sentences awarded to the appellant would run concurrently. 2. Feeling aggrieved, the appellant has assailed his conviction by filing the instant appeal bearing Crl. Appeal No.663 of 2018. It would not be out of pretext to mention here that the trial court, in its judgment dated 21.07.2018, also gave observations in paragraphs No.46 & 60, against which the appellants-Muhammad Asif Shekhani, Muhammad Zulfiqar Shekhani, and Mst. Razia Zahid Bakhtawari filed separate appeals bearing Crl. Appeal No.684 of 2018, Crl. Appeal No.685 of 2018 and Crl. Appeal No.834 of 2018, respectively. It is pertinent to mention that the Anti-Narcotics Force
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filed a criminal appeal through its Regional Director, Force Commander, i.e., Crl. Appeal No.747 of 2018 against the acquittal of co-accused Nasir Khan, Ghazanfar Ali, Rana Mohsin Khursheed, Siraj Ahmed Abbasi, Nazakat Khan, Basit Abbasi, and Ahmed Bilal. As all the matters arise from the same judgment of the learned trial court, these are being disposed of through consolidated judgment. 3. The prosecution story, as alleged in the F.I.R (Ex.PA/1) lodged on the complaint (Ex. PA) of Syed Imtiaz Hussain Shah, S.I/S.H.O, (PW-35), is that on 21.07.2012 at about 02:00 p.m, he (PW-35) along with Saifullah, Muhammad Naveed constables and Mehboob Hussain Shah constable (PW-3) was present in Police Station ANF, R.D, Rawalpindi, where Syed Mehboob Hussain Shah/H.C (PW-3) handed over a letter bearing No.3(44)ANF/IR/LAW/2011 dated 20th July 2012 (Ex. PB) issued by Lieutenant Colonel Touqeer Abbas Zaidi, Joint Director ANF, R.D, Rawalpindi (given up PW), to him (PW-35). As per the letter above (Ex. PB), during the investigation of case FIR No.40/2011, it transpired that in the year 2010, the Ministry of Health, Islamabad, issued Ephedrine quota to some Pharmaceutical/Firms/Companies by bypassing the routine procedure and accorded excess of the prescribed limit to such companies who did not receive and utilized Ephedrine quota earlier. Ministry of Health collected records of 99 companies, including 28 Pharmaceutical companies, which previously did not obtain Ephedrine; neither they were allocated nor used the same. After that, the inquiry revealed that Grays Pharmaceutical, located at Industrial Area, Rawat, Islamabad, was allotted a 500-kilogram Ephedrine quota. After that, they did not use it legally nor prepare the required medicine; instead, only samples of medicine and forged sale record was prepared, prima facie, and the rest of the Ephedrine was sold out to narcotics smugglers and gained illegal money; the administration of the pharmaceutical company was required to use Ephedrine according to instructions of the Health Ministry and to keep a complete record of the sale and purchase of medicine. Still, the company administration failed to submit a satisfactory report. The administration of the pharmaceutical company and owner of the company, namely Muhammad Hanif Abbasi, Bakhtawari, etc., were found involved in the illegal use of Ephedrine. Based on the above-said letter (Ex. PB), Shahzad Ali Kawish A.D (not cited as a witness) directed Syed Imtiaz Hussain Shah, Inspector (PW-35), to register the case and to investigate the same. After that, a complaint (Ex. PA) was prepared, based on which formal FIR No.41 of 2012 (Ex. PA/1), dated 21.07.2012, under sections 9(c), 14 & 15 of CNSA, 1997 at Police Station ANF, R.D, North Rawalpindi was chalked out by Arshad Mehmood/H.C (PW-1). Copy of FIR (Ex. PA/1) was referred to ANF, R.D. through Muhammad Naveed/C. dated 20.07.2012 (Ex. PB) into possession through recovery memo (Ex. PC); after that, he (PW-35) recorded statements of PWs under section 161 of Cr.P.C.; on 21.07.2012. On the same day i.e., 21.07.2012 Syed Imtiaz Hussain Shah, Inspector, (PW-35) joined Nadeem Anjum, U.D.C (PW-2) and Abid Zulfiqar, Joint Director (PW-33) (then Deputy Director ANF Rawalpindi) and recorded their statements under section 161 of Cr.P.C. During investigation Abid Zulfiqar Joint Director (PW-33) produced before Syed Imtiaz Hussain, Inspector, (PW35) inquiry report (Ex. PD) along with the complete file of United Plastic Jars Supplier (Ex.PEE) consisting of 75 pages (P-1 to P-75), file of A.B Pharma Distributor (Ex.PFF) consisting of 58 pages (P-1 to P-58), invoices file A.B Pharma (Ex.GG) consisting of 09 pages (P-1 to P-9), marketing file alongwith statement of Hammas Pharma Distributor (Ex.PHH) consisting of 56 pages (P-1 to P-56), distribution file of Hammas Pharma Distributor (Ex.PII), consisting of 144 pages (P-1 to P-144), invoices file of Hammas Pharma (Ex.PJJ) consisting of 13 pages (P-1 to P-13), that of marketing file of Arfat Traders alongwith invoices issued by Grays Pharmaceutical (Ex. PKK) consisting of 17-pages (P-1 to P-17), statements of employees of Grays Pharma (Ex.PLL) consisting of 21 pages (P-1 to P-21), agreement file between Etihad cargo contractor and Pakistan Railway (Ex.PMM) consisting of 20-pages (P-1 to P-20), 24 Jars having a De-ASM tablets (P-1 to P-24), which he (PW-35) took into possession
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through recovery memo (Ex. PD), attested by the witnesses namely Abbas Ali ASI (given up PW) and constable Mehboob Hussain Shah (PW-3). On 23.07.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35), alongwith Dr. Fakhar-ud-Din Amir, (PW-13), Federal Inspector of Drugs, visited the Grays Pharmaceutical and joined Ghazanfar Ali (co- accused-since acquitted) Production Manager of Grays Pharmaceutical, who produced before him (PW-35), 19 Dyes (P-1 to P-19), 19-upper Punches with the PK mark (P-1 to P-19), 19 lower punches of ZP-19 rotary machine (which were used for manufacturing De-ASM tablets), which he (PW-35) took into possession through recovery memo (Ex. PJ) attested by the witnesses namely, Dr. Fakharur-Din Amir (PW-13) and Shakeel Ahmed Sub Inspector ANF/R D (PW-5). On the same day, i.e., 23.07.2012, Dr. Fakhar ud Din Amir (PW-13), during the investigation, handed over the analyzing report of the recovered dyes and punches and a certificate (Ex.PK/1) to Syed Imtiaz Hussain Shah, Inspector, (PW-35)-the investigating officer, who took the same into possession through recovery memo (Ex. PK) attested by the witnesses namely, Dr. Fakharur-Din Amir (PW-13) and Shakeel Ahmed Sub Inspector (PW-5). After that, on 01.08.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, recorded the statement of Asif Sheikhani (the appellant in Crl. Appeal No.684/2018), the proprietor of Arfat Traders and Distributor of Grays Pharmaceutical, under section 161 of Cr.P.C. On 09.08.2012, during the investigation, Ghazanfar Ali (co-accused since acquitted), the production manager, produced the record of manufacturing of tablets De-ASM, consisting of 19 files of different batches of De-ASM tablets (each file consisting of 16 pages) along with the original inspection book/register (consisted of 100 pages) of Grays Pharmaceutical company having a license No.000518 before Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer. Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer obtained the signatures of Ghazanfar Ali (co-accused since acquitted). Nasir Khan (co-accused since acquitted), quality control Manager, on page number 63 of the inspection book/register and secured the above-said files and inspection book/register through recovery memo (Ex. PL) attested by Naheed Ahmed (PW-12) and Ahsan Ayub constable. On 09.08.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, recorded a statement of Mst. Razia Zahid Bakhtawary (the appellant in Crl. Appeal No.834/2018), who was a 50% shareholder of Grays Pharmaceutical company, under section 161 of Cr.P.C. in the presence of her husband Zahid Iqbal Bakhtawari and lady constable Shagufta. On 10.08.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, recorded the statement of Javaid Farooq, Commercial Superintendent Parcels Services Pakistan Railway, under section 161 of Cr.P.C. On 11.08.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, recorded the statement of Muhammad Hanif Abbasi (the appellant in Crl. Appeal No.663 of 2018), owner of Grays Pharmaceutical Company, under section 161 of Cr.P.C. On the same day, i.e., 11.08.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, secured a copy of the special power of attorney of Zahid Iqbal Bakhtawari executed on behalf of his wife Razia Zahid Bakhtawari, produced by the appellant-Muhammad Hanif Abbasi through recovery memo (Ex. PF) attested by the witnesses. On 10.09.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, along with Naseer Ahmad A.S.I and Abdul Waqar A.S.I (PW-10) along with other officials of ANF visited the Grays Pharmaceutical company and Rizwan Saddique employee of Grays Pharmaceutical Company handed over to him (PW-35) two jars of De-ASM containing 1000 tablets in each jar having a Batches No.X-073 & X-098; out of the above said two jars 25/25 tablets having a white colour with the mark PK were separated and made into two sealed parcels for chemical analysis; the remaining two Jars were also made into one sealed parcel and taken into possession vide
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recovery memo (Ex. PH) attested by Naseer Ahmad ASI and Abdul Waqar ASI (PW-10). He (PW35), the investigating officer, handed over the above three parcels that contained De-ASM tablets to Moharrar Malkhana to keep them in safe custody and for their onward transmission to the office of NIH, Islamabad. On the same day, i.e., 10.09.2012, the investigating officer (PW-35) took into possession 04- certificates issued by Dr. Fakhar-ud-Din Amir (PW-13), member licenses and quality control Islamabad, Sayyed Hussain (PW-14) Deputy Drug Controller Islamabad, Naveed Anwar, Provincial Inspector Drug (PW-7) and Shoaib Akhtar, Provincial Inspector Drug (PW-8) through recovery memo (Ex. PE) attested by the witnesses. On 14.09.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, took into possession a photocopy of a cancellation certificate of special power of attorney produced by Razia Zahid Bakhtawary (PW-19). On 18.09.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, dispatched 02-sealed sample parcels to the office of NIH, Islamabad through Jahan Kamal constable (PW-11), and recorded statements of Naveed Ahmed Tunio, Moharrar (PW-9) and Jahan Kamal constable (PW-11) under sections 161 of Cr.P.C. On the same day, i.e., 18.09.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, recorded the statement of Rizwan Saleem, owner of Zero Tolerance dye maker company (PW-17) under sections 161 of Cr.P.C. On 15.10.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, received the report from NIH Islamabad (Ex.PR/1-2). On 01.11.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, secured into possession one letter issued by Lieutenant Colonel Ashar Rizwan, Joint Director ANF Karachi, along with the list of 17 shopkeepers, and their statements, produced by Nadeem Anjum, U.D.C (PW-2) and Abid Zulfiqar, Joint Director (PW-33) (then Deputy Director ANF Rawalpindi) vide recovery memo (Ex. PBB) attested by the witnesses Abbas Ali ASI and Mehboob Hussain Shah constable (PW-3). After that, on 13.11.2012, Muhammad Arif Mathani (PW-16) produced a certificate regarding the De- ASM tablets and a list of sales of distributor Arfat Traders, before Syed Imtiaz Hussain Shah, Inspector (PW-35) the investigating officer, and he (PW-35) took the same into his possession. On 14.11.2012, Syed Muzaffar Ali Jaffari PID (PW-18), who remained posted as an area Drug Inspector during the year 2010-11 in the area of Denso Hall Medicines Market Marriot Road, Karachi, handed over a certificate dated 14.11.2012, to Syed Imtiaz Hussain Shah, Inspector (PW-35) the investigating officer and he (PW-35) took the same into his possession through a recovery memo (Ex. PCC) attested by witnesses. On the same day, Idrees Sheikh (PW-22), Arif Mathani (PW-16), and Syed Muzafar Ali Jafari (PW-18) issued a joint certificate, which was taken into possession by Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer vide recovery memo (Ex. PDD). During the investigation, he (PW-35)-the investigating officer, also recorded statements of different shop keepers/PWs, i.e., Muhammad Ashraf (PW-20), Shahab ud Din (PW-24), Abdul Qadir (PW-25), Rehan Hassan (PW26), Sajid Khan (PW-27), Farooq Murad (PW-28), Qayyum Ali (PW-29), Abdul Jabbar (PW-31) and Abdul Habib Daud (PW-32). On 16.11.2012 at about 14:10 hours, Jahan Kamal Naib Moharrar (PW-11) handed over letter No.2474/2012 dated 15.11.2012 of Sayyed Hussain, Deputy Drug Controller to Syed Imtiaz Hussain Shah, Inspector, (PW-35)-the investigating officer, and he (PW-35) took the same into his possession vide recovery memo (Ex. PR), attested by the witnesses.
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On 27.11.2012, Syed Imtiaz Hussain Shah, Inspector (PW-35)-the investigating officer, obtained warrants of arrest for Ghazanfar Ali, Nasir Khan, Rana Mohsin Khurshid, Siraj Ahmed Abbasi, Asif Sheikhani and Zulfiqar Sheikhani; On 17.12.2012, the investigation of the case was entrusted to Muhammad Zubair S.I. (PW-34). Muhammad Zubair, Inspector (PW-34), joined in the investigation the employees of the Grays Pharmaceutical factory, namely Siraj Ahmed Abbasi, Ghazanfar Ali, Rana Mohsin Khursheed, Nazakat Ali, and Nasir Khan. After that, on 27.12.2012, Muhammad Zubair S.I. (PW-34)-the investigating officer, received statements/monthly activities reports of Provincial Drug Inspector Syed Muzaffar Ali Jaffary containing pages 1-156 (Ex.PW34/A/1-156) and of Provincial Drug Inspector, Arif Mathani consisting of 205 pages as 1-205 (Ex.PW-34/B/1-205) including the letter of Qaisar Mehmood Secretary Provincial Quality Control Board, Karachi, dated 18.10.2012, which Muhammad Zubair S.I. (PW-34)- the investigating officer took into possession through recovery memo (Ex.PS), attested by Jehan Kamal (PW-110 )and Usman Aslam constables. On 21.01.2013, Muhammad Zubair S.I. (PW-34)-the investigating officer, secured letter No.2(22)/ANF/ENQ/2013 dated 18.01.2013, consisting of 82 pages (Ex.PW-34/C/1-82) sent by Colonel Ashir Rizwan, Joint Director, ANF RD Karachi, through recovery memo (Ex. PV), attested by Naheed Ahmed (PW-12) and Usman Aslam constables. On 12.02.2013, the investigation was again entrusted to Syed Imtiaz Hussain Shah, S.I (PW-35). The investigation of the case remained with Syed Imtiaz Hussain Shah, S.I (PW-35), from 27.03.2013 to 31.03.2013. On 11.06.2013, Asif Sheikhani was arrested at Karachi Airport, and Syed Imtiaz Hussain Shah, S.I (PW- 35)-the investigation officer, visited Karachi and obtained transit remand of Asif Sheikhani. After that, Syed Imtiaz Hussain Shah, S.I (PW-35)-the investigation officer, produced Asif Sheikhani- accused before the learned Area Magistrate and obtained his physical remand till 19.06.2013. On 20.06.2013, Asif Sheikhani-accused was sent to the judicial lockup. (PW-35)-the investigation officer, produced him before the Special Judicial Magistrate and recorded his statement under section 164 of Cr.P.C. On 24.06.2013, Asif Sheikhani was admitted to post-arrest bail. On 26.06.2013, Asif Sheikhani recorded his statement u/s 164 Cr.P.C. before the learned Special Judicial Magistrate. On 12.09.2013, Mst. Razia Zahid Bakhtawari recorded her statement under section 164 of Cr.P.C. before the learned Special Judicial Magistrate. On 19.09.2013, Syed Imtiaz Hussain Shah, S.I (PW-35)-the investigation officer, arrested Muhammad Basit Abbasi (since acquitted) and Ahmed Bilal Aadil (since acquitted), on dismissal of their pre- arrest bail from the Lahore High Court, Rawalpindi Bench and obtained their physical remand. Afterward, on 25.09.2013, Ahmed Bilal Aadil and Basit Abbasi were sent to the judicial lockup. On 14.10.2013, Syed Imtiaz Hussain Shah, S.I (PW-35)-the investigation officer, submitted the incomplete challan against the accused persons. Syed Imtiaz Hussain Shah, S.I (PW-35)-the investigation officer joined the shopkeepers in the investigation to verify the invoices allegedly issued by AB Pharma, Distributor, to them on 30.09.2010, 02.10.2010, 05.10.2010, 07.10.2010 and 09.10.2010. During the commencement of the trial, Hanif Abbasi (the appellant) submitted an application before the Court for verification of the stock lying in the factory allegedly returned from the distributors to Grays Pharmaceutical company being expired, and by the orders of the Court, Syed Imtiaz Hussain Shah, S.I (PW-35)-the investigation officer, visited the store built in the factory and found 5100 Jars of De-ASM Tablets lying in the store. Syed Imtiaz Hussain Shah, S.I (PW-35)-the investigation officer compared the above-said 5100 Jars with the stock returned certificate dated 18.10.2012 and found against the invoices issued by the Grays Pharmaceutical Company to Arfat
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Traders. As per the prosecution, the accused persons were involved in the smuggling and misusing of Ephedrine, and in this way, they took the law into their hands. Syed Imtiaz Hussain Shah, S.I (PW- 35)-the investigation officer submitted the final report under Section 173 of Cr.P.C. against the appellant and his co-accused. After that, on 23.06.2017, Sayyed Hussain, Deputy Drug Controller (PW-14), registration section DRA, Islamabad, handed over a verified and attested photocopy of the dossier issued by the Health Ministry to Syed Imtiaz Hussain Shah, S.I (PW-35)-the investigation officer and same was secured by Syed Imtiaz Hussain Shah, S.I (PW-35)-the investigation officer vide recovery memo (Ex.PS/1-80) attested by Ghulam Shabbir HC (PW-36) and Muhammad Waseem constable. After that, on 30.06.2017, Syed Imtiaz Hussain Shah, S.I (PW-35) the investigation officer, submitted a supplementary challan against the appellant and his co-accused. 5. The learned trial court formally charge-sheeted the appellant Muhammad Hanif Abbasi, and his co-accused, Ghazanfar Ali (since acquitted), Rana Mohsan Khursheed (since acquitted), Nasir Khan (since acquitted), Nazakat Khan (since acquitted), Basit Abbasi (since acquitted), Ahmed Bilal Aadil (since acquitted) and Siraj Ahmad Abbasi (since acquitted), on 29.10.2014, to which he pleaded not guilty and claimed trial. The charge was framed in two heads, which are as follows: - "That for the year of 2010 you accused Muhammad Hanif Abbasi proprietor of Gray's Pharmaceutical Industrial Area Rawat, available 500 Kilograms Ephedrine, a controlled substance quota, for your firm Gray"s Pharmaceutical, Industrial Area Rawat. You did not possess and used it for industrial purposes in the manner specified under Control of Narcotic Substances (Regulation of Drugs of Abuse, Controlled Chemicals, Equipment and Materials) Rules 2001, rather you sold, distributed, delivered, transported and smuggled that ephedrine. Hence you contravened the provision of section 6 of the Control of Narcotic Substances Act 1997 and committed offence punishable under section 9 (c) of the Control of Narcotic Substances Act 1997. That you accused Ghazanfar Ali, Rana Mohsan Nasir Khan, Nazakat Khan, Basit Abbasi, Ahmed Bilal Aadil and Siraj Ahmad Abbasi participated in, associated, abetted, facilitated your co- accused Muhammad Hanif Abbasi in misuse, smuggling and non-compliance of Control of Narcotic Substances (Regulation of Drugs of Abuse, Controlled Chemicals Equipment and Materials) Rules 2001. Hence you all accused also committed offences punishable under section 9 (c) and section 16 of the Control of Narcotic Substances Act 1997. The offences are within the cognizance of this Court and I hereby direct all of you be tried by this Court for the above said offences." 6. To advance its case, the prosecution produced as many as thirty-six (36) witnesses. Learned SPP gave up PWs-Dr. Abdul Rasheed, Lieutenant Colonel Syed Touqeer Abbas Zaidi, Nisar Ahmed, Security Guard Mehran Clinic Sindhi Muslim Society Karachi, and Muhammad Waseem constable as being unnecessary and closed the prosecution evidence. 7. The appellant was also examined under Section 342 Cr.P.C., wherein he neither opted to appear as his own witness in terms of Section 340(2) Cr.P.C. nor opted to produce any defence evidence. While replying to a particular question that why the PWs had deposed against him, the appellant, Muhammad Hanif Abbasi, made the following deposition: - "I am a well-reputed & seasoned politician of Rawalpindi Division and have twice been elected as Member National Assembly. In 2003's Bi-Election of NA-56, I was elected as Member National Assembly by defeating candidate of the ruling party of that regime i.e., the real nephew of Sheikh Rashid Ahmed, the then Federal Minister. Thereafter, in General Elections of 2008, I was also returned as Member National Assembly after defeating Sheikh Rashid Ahmed, candidate of PML(Q). My political rivals never reconciled with these defeats & bent backwards and by using their political influence with the connivance of ANF, they designed a plan to drag me in some false cases to damage my reputation & political career, thereafter they hired the services of ANF
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as a tool and managed to get registered the instant false case against me, employees of Gray's Pharmaceutical & its authorized distributors. Besides that it is also clear from record that ANF has absolutely no jurisdiction to take cognizance in a matter which does not fall within the ambit of CNSA, 1997 and this fact is further proved on record that they Ministry of Narcotics Control issued SRO 282(1)/2012 dated 21.03.2012 and further clarified the position by issuing Notifications/Letters No.F.No.11-4/95-Policy-I dated 28th March, 2012 & No.MNC U.O. No.9-9/10- Policy-I dated 3rd April, 2012 Ex-DN, Ex-DO & Ex.DP respectively. This was the reason that earlier this Honourable Court in two other cases of similar nature i.e. case FIR No.45/2012 & No.53/2012, acquitted the accused persons on 15.05.2014 while exercising power u/s 265-K Cr.P.C. Attested copies of the applications & judgments dated 15.05.2014 are produced as Ex.DJ & DK. In addition to that, it is also proved on record that allocation of quota of Ephedrine to Gray's Pharmaceutical was duly utilized and the company in different batches manufactures 1 crore, 65 lac, 86 thousand De-Asm tablets having 30 mg Ephedrine HCI each tablet (total 16586 jars containing 1000 tablets each) and supplied the same to its three Authorized Distributors, detail of which was also proved as: Above 11000 jars to Arafat Traders Karachi, whereas 3000 jars to Hammas Pharma Rawalpindi and 2000 jars to AB Pharma Rawalpindi. The authorized dealers further sold medicine with the following breakup: Above 6000 jars were sold by Arafat Traders, whereas 4876 jars were returned to Company. 2882 jars were sold by Hammas Pharma, whereas 118 jars were returned to company. 1909 jars were sold by AB Pharma, whereas 91 jars were returned to Company It is also established on record that the competent authority i.e. Ministry of Health qua matters related to controlled chemicals is neither complainant of the instant case nor any official of Ministry is witness or…
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