' Khurram Zeeshan, petitioner, through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has prayed for quashing F.I.R. No,5 of 2005, dated 16-10-2005 registered at Police Station, A.N.F., Faisalabad for offence under section 9-C and 15 of the Control of Narcotic Substances Act, 1997.
2. As per the F.I.R. a sufficient large contigent of Anti-Narcotic Force, which included Asmat Ullah Khan, Assistant Director and Capt. Umar Altaf, Assistant Director, raided a house situated in Lasaani Town, Faisalabad and apprehended the petitioner, who was found sitting on driving seat of a car bearing Registration No,LRL7873. As many as nine thousand Diazepam Injections were recovered from three cartons lying on the rear seat of the car. Besides, 18 cartons of Diazepam Injections, 3 cartons of Gesnor, 1 carton of Supergesic injections and one carton of Gexic tablets were recovered from the house of petitioner. These were seized in accordance with law. Accordingly Asmat Ullah Khan, Assistant Director, prepared a raid report on the basis of which the formal F.I.R. Was registered.
3. The learned counsel for petitioner has submitted that the petitioner is proprietor of Humayun Medical Company, Chiniot Bazar, Faisalabad and deals in purchase and sale of pharmaceutical medicines/drugs under the licence issued by the competent authority under Punjab Drugs Rules, 1988. While assailing the validity of the F.I.R. The learned counsel for petitioner argued that the drugs with which the petitioner deals are prepared by a manufacturer holding licence issued by the Central Licensing Board constituted under Drugs Act, 1976 and the petitioner has authorization to sell the same on Form No,10 and Form 11 issued by the Licensing Authority, Faisalabad under Rule 17(2)(3) of the Punjab Drugs Rules, 1988. In support of his contention the learned counsel has appended certain clarifications/opinions issued by the Secretary, Ministry of Health, Islamabad, Secretary, Provincial Quality Control Board, Health Department, Government of Punjab and D.S.P.
(Legal) Faisalabad. The learned counsel has also relied upon certain warranties issued by the certain Dealers in favor of the petitioner. The learned counsel argued that the sale of drugs registered under Drugs Act, 1976 under the licences issued by the competent authority does not constitute an offence, as such the F.I.R. Is liable to be quashed.
4. On the other hand, the learned counsel, appearing on behalf of A.N.F. Argued that Diazepam and Buprenorphine are included in the Schedule of psychotropic substance appended with the Control of Narcotic Substances Act, 1997, as such the petitioner would be deemed to have committed an offence within the meaning of 9-C of the Control of Narcotic Substances Act, 1997.
5. We have heard the learned counsel for parties and gone through the relevant record. We have observed that Gesnor injections, Supergesic injections and Gesic tablets are trade names of Buprenorphine. The petitioner certainly hold licences to sell narcotics and other controlled drugs which have been specified in Schedule "B" of the Punjab Drugs Rule, 1988. We have gone through the Schedule "B" with reference of Rule 2(e) 15(iii) and 21(i)(B and C), which does not reflect Diazepam and Buprenorphine. Therefore, the sale of these narcotic substances under the umbrella of Form-10 and Form-11 does not enjoy any protection. Both these substances forms part of the Schedule under the Control of Narcotic Substances Act, 1997. Possession thereof, constitute an offence under section 9-C of the Control of Narcotic Substances Act, 1997. We, therefore, find no substance in this petition. It is dismissed.