' AJMAL MIAN, J.--This petition is directed against an order dated 7th January, 1980 passed by the Chairman of the Drug Court of Sind at Karachi in case No,6/79 dismissing the present petitioner, application for the dismissal of the complaint under Ss.23(1)(a)(v) and 27(2)(b) r/w. S.27(4) of the Drugs Act, 1976 filed by the Inspector of Drug against the petitioners.
2. In support of the above petition Mr. Raja Qureshi has relied upon S.177 of the Criminal Procedure Code, which provides that every offence shall ordinarily be tried by a court within the local limits in whose jurisdiction it was committed. It has been vehemently contended by him that since the alleged manufacturing of sub-standard, drugs had taken place at Lahore and as the present petitioner had sold the alleged aforesaid sub-standard drugs to M/s. Khalid Medicine in Lahore, who in turn sold the same to a party at Sukkur, with no stretch of imagination, it can be said that the cause of action accrued within the jurisdiction of Drug Tribunal for Sind at Karachi.
' On the other hand, Mr.Ibrahim Memon, learned Additional Advocate-General contends that the alleged offence can be tried by both the tribunals, i.e, Drug Tribunal at Lahore as well as Drug Tribunal at Karachi. Reliance has been placed on 5.179 of the Cr.P.C. Which lays down that when a person has caused the commission of any offence by reason of anything which has been done, and of any consequence, which has caused such offence may be inquired into or be tried by a Court within the local limits, or whose jurisdiction any such thing has been done or any such consequence has ensured.
3. There cannot be any denial that the consequence ofi manufacturing sub-standard drugs will ensue at a place where they are to be sold. If the drugs were imported for sale within the territorial jurisdiction of the Drug Court for Sind at Karachi the alleged offence for the alleged contravention of the provisions of the Drugs Act, 1976 referred to hereinabove, can be tried by the Drug Tribunal for Sind at Karachi. In our view the learned Tribunal has taken the correct view and no exception can be taken to the impugned order. However, Mr. Raja Qureshi has referred to a copy of an order dated 4th January, 1978 passed by the Drug Court (for Punjab and NWFP) at Lahore in the case of State v. M/s. Spencer and Co. Chairman (in case No,Jud. 48/DC/LHR/77), in which the learned Court had taken the view that the offence, if any committed by H.B. Shaikh, General Manager of Abbott Laboratory (Pak.) Ltd. Karachi was committed not at Gujranwala but at Karachi. But it seems that the attention of the Drug Court was not invited to the provisions of S.179 of the Cr.PC and, therefore, the above order cannot be said to have been passed after referring to the relevant provision of law.
Even otherwise, Mr. Raja Qureshi has fairly conceded that the order of the Drug Court at Lahore has no binding force on this Division Bench.
4. For the above reasons we dismiss the above petition, but there will be no order as to costs.
However, it will be open to the petitioners to apply to the Drug Court for the exemption for personal appearance for sufficient reasons.