' IJAZ AHMAD CHAUDHRY, C.J.---Zulfiqar Ali and Ishtiaq Ahmad petitioners have come to this court, to seek post arrest bail in a case registered vide F.I.R. No,C-12 of 2010 dated 17-2-2010 under sections 23/27 of Drugs Act, 1976 at Police Station F.I.A, District Faisalabad on the application of Muhammad Zeshan Ali, Provincial Drugs Inspector, Iqbal Town, Faisalabad.
2. Conspectus of the case is that Muhammad Zeshan Ali, the complainant, Provincial Drugs Inspector, Iqbal Town, Faisalabad along with his subordinates on 16-2-2010 conducted a raid at Messrs Zulfiqar Engineering Works located at Maqbool Road, Sabri Chowk, Faisalabad and found that petitioner Zulfiqar Ali and Ishtiaq Ahmad along with their co-accused were busy in manufacturing Allopathic Medicines and of their sorting out, on being inquired, they remain floundered to produce any valid licence for the same. The complainant also took into possession raw material for the manufacturing of allopathic medicines and its packing material, the same was made into sealed parcel and thereafter it was sent for analysis, the report of the same opined the drugs as spurious.
3. Both the petitioners were arrested on 16-2-2010 and their post arrest bail was refused by the learned Drug Court, Faisalabad vide order dated 14-6-2011.
4. Learned counsel for petitioners submits that premises raided upon by the complainant party are divided in two portions i.e, upper and lower; petitioners were working in the lower portion and have nothing to do with the alleged manufacturing/preparing of any allopathic medicines rather they used to prepare the packing material for the medicines and even the petitioner lacks knowledge that same was to be used for which of medicines. Further submits that no private person was made to join the raid proceedings or to make him witness in this case and the entire prosecution case hinges upon the interested P.Ws. And all subordinate to the complainant are obliged to make statements as desired by the complainant. Further submitted that they were not the proprietor of the alleged firm but they were the employees and no bad intention can be imputed to them.
Further adds that petitioners are behind the basis for sufficient time.. Investigation is complete; offence alleged does not fall within the prohibitory clause of section 497, Cr.P.C. And to keep the petitioner behind the bars would tantamount to punish them in advance, therefore, instant application may be allowed.
5. Learned Standing Counsel for Federation has vehemently opposed the bail application by contending that complainant or any other member of the raiding party had no spite to make false statement against the petitioners; presence of the petitioners at the place of occurrence at the relevant time established being arrested from the spot.
6. Heard and record perused.
7. We have found no ill will or ulterior motive on part of the complainant party to foist a false case against the petitioners. Both the petitioners were apprehended from the spot and the material collected from there has been found spurious, was made into sealed parcels and was sent for its analysis and report of Government Analyst, Drugs Testing Laboratory, Lahore reveals that the descriptions given over the packing material of the medicines, their contents were not founding the medicine and opined to be spurious. Further submits that the substandard medicines taken into possession were worth about 50/60 lacs as per their market value and had the same been sold out? Then not only the petitioners and their co-accused might have to gain heavy profit but at the same time, so many innocent souls might be suffering from irreparable loss to their health and perhaps some of them might have lost their lives. Further submits that the preparation of spurious medicine is not only penalable act under the law of the land but also a sin. As per ordains of the Almighty Allah, revealed through Holy Quran are very much clear on the subject that whosoever takes away the life of an innocent person; meaning thereby that he has taken away the life of whole of the humanity and whosoever saves the life of a person implying that he has saved whole the humanity. In this background, it is discernable that the medicines are used for curing the disease and for saving the lives of patients but such like lusty people who are just running for minting the money by passing over fear of Almighty Allah by ignoring that they are not only accountable to the Almighty Allah for their deeds and because of their such like acts, they can be thrown in Abyss. If by their such parlous acts, people in general suffers from difficulties or lose their lives, then it can easily be construed that act of the petitioners leads towards their criminal mentality. In this way, they are not only be termed as criminal but also desperate criminal. The definition of criminal as well as desperation has been abstracted for different lexicon and are made as under:--
(i) Criminal in Oxford Advance Dictionary: ' Connected with or involving crime.
(ii) Criminal in Black's Law Dictionary:
(a) One who has committed a criminal offence.
(b) One who has been convicted of a crime.
(iii) Desperate in Oxford Advance Dictionary.
' Feeling or showing that you have little hope and are ready to do anything without worrying about danger to yourself or others. The prisoners grew increasingly desperate Stores are getting desperate after two years of poor sales. * Somewhere out there was a desperate man, cold, hungry, hunted. I heard sounds of desperate struggle in the next room. (2) (usually before noun) giving little hope of success; tried when everything else has failed.
8. No doubt, case of the petitioners does not fall within the prohibitory clause of section 497, Cr.P.C.
But fact remains whatever has been discussed above, case of the petitioners falls within the exceptional legal clause wherein bail can be refused of an accused person despite his case does not fall within the prohibitory clause of section 497, Cr.P.C. In these circumstances, we have found no merit in the instant petition and the same stands dismissed.