The petitioner seeks post-arrest bail in case FIR No.123 of 2015 dated 17.05.2015 registered under Sections 23/27 of Drugs Act, 1976 read with Drug Regulatory Authority of Pakistan Act, 2012, registered at Police Station Saddar Bahawalpur.
2. The Drug Inspector City Bahawalpur got registered an FIR against the petitioner regarding allegation that he was manufacturing the allopathic drug in his factory under the name and style of M/s Host Pharma without any license.
3. Learned counsel for the petitioner contends that the petitioner has falsely been involved in this case with mala fide intention just to harass and humiliate him; that petitioner has no previous criminal record of such like cases, and is no more required for the purpose of investigation; that case against the petitioner is one of further inquiry.
4. On the other hand, the learned Deputy Prosecutor General opposing this bail petition contends that the petitioner was caught red handed on the spot, therefore, he is not entitled to the concession of bail.
5. Heard. Record perused.
6. According to the report dated 03.07.2015 of the Government Analyst the samples which were taken into possession by the Drug Inspector do not contain Dexamethasone, Prednisolone, Pizotifen, therefore, the report of the Government Analyst is evident to rebut the allegation leveled by the Drug Inspector, thus the samples do not attract the provisions of Section 23/27 of the Drugs Act, 1976 which speak a volume that above mentioned ingredients are not substandard, spurious and misbranded, hence no action could have been taken against the petitioner under the relevant provisions of the Drugs Act.
The samples obtained from the petitioner's factory are of the Homeopathic and nutrient products, therefore, it is clear to our mind that these products do not fall within the definition of Sections 23 and 27 of the Drugs Act, 1976 and no proceedings could have been initiated against the petitioner under Drugs Act. It has also been observed by this Court that according to the Table III of Punjab Pure Food Rules, 2007, the Iron has been mentioned as nutrient supplement and maximum recommended daily allowances is 20, therefore, fall within the food supplement and not within the definition of Drug. To strengthen this fact, the Gazette of Pakistan, Ministry of Health, Special Education and Social Welfare (Health Division) dated 30.08.1990 in part of the Schedule Ammonium Chloride and Ferrous Sulphate are the substances which having been used in the Ayurvedic of Unani or ayurvedic system of medicine and not claimed to be a drug in accordance with specification under clause (2) of section 3 of the Drugs Act, 1976.
Even otherwise, the prohibitions contained in Section 23 of Drugs Act, 1976 are liable to punishment with penalties as detailed in Section 27 thereof and maximum sentence being 7-years or with fine brings the case of the prosecution outside the ambit of prohibitory clause of Section 497, Cr.P.C.
The petitioner was arrested and he has been sent to judicial lock up by the investigating agency itself. Neither any incriminating material has been recovered from the petitioner nor there is any possibility of such recovery in future. The present detention is nothing but a pretrial punishment which is against the spirit of law. Therefore, we allow this petition and admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs.200,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial court.
6. It is, however, clarified that the observations made herein above are just tentative in nature and strictly confined to the disposal of this bail petition.