2026 P Cr. L J 448

 2026 P Cr. L J 448

[Peshawar (Bannu Bench)]

Before Muhammad Tariq Afridi and Abdul Fayaz, JJ

M/s NEUTRO PHARMA LAHORE (PVT). LTD.---Appellant

Versus

The STATE through Drug Inspector, D.I. Khan and 2 others---

Respondents

Criminal Appeal No. 20-B of 2025, decided on 24th June, 2025.

Drugs Act (XXXI of 1976)---

----Ss. 18(1), 27(1) & 31(7)---Selling spurious or unregistered drugs

Appeal, filing of---Maintainability---Appeal before the High Court not

filed by aggrieved person---Section 31(7) of the Drugs Act, 1976,

provided that a person who had been sentenced by a Drug Court

might file an appeal before a Bench of the High Court consisting of

not less than two judges within thirty days of the passing of the

judgment---In the present case, the conviction and sentence were

passed against SUK , Manager Regulatory Affairs, respondent No. 3,

in his personal capacity---However, the instant appeal had not been

preferred by the said convict, rather it had been instituted by the

private company which was neither convicted in specific terms nor

held guilty through a separate order---Only a person aggrieved by a

conviction or sentence passed by the Drug Court, or a person legally

competent to represent him under due authorization, could file an

appeal under S.31 (7) of the Act---In the absence of such

authorization, the appellant lacked locus standi---Therefore, the

appeal, as filed by the private company against the conviction of its

erstwhile employee, SUK , was not competent in law---Consequently,

the appeal filed by the private company against the conviction of

respondent No.3 was misconceived and incompetent for want of

locus standi---Appellant company could not challenge a conviction

passed against an individual in his personal capacity unless duly

authorized and empowered to represent him for that specific

purpose---Appeal was dismissed being incompetent and not

maintainable.

Inayat Ullah Khan for Appellant.

Abdul Waheed Khattak, Asst: A.G. for Respondent No.1.

Yasir Rauf Wazir for Respondent No. 2.

Date of hearing: 24th June, 2025. JUDGMENT

MUHAMMAD TARIQ AFRIDI, J.---Through the instant criminal

appeal filed under Section 3l(7) of the Drugs Act, 1976 ("The Act"), the

appellant, IWs Neutro Pharma Lahore (P\d.) Ltd., has assailed the

order dated 12.12.2024, passed by the learned Chairman, Drug Court,

Khyber Pakhtunkhwa, Peshawar, Camp at Bannu, whereby in

Complaint No.42/DC/DIK, dated 14.06.2022, the accused Saif Ullah

Khan, Manager Regulatory Affairs of M/s Neutro Pharma (Pvt.) Ltd.

(respondent No.3), was convicted under Section 27(l) of the Act and

sentenced to pay a fine of Rs.40,000/- along with publication charges of

Rs.2,000/-, under the import of Section 35 of the said Act.

2. The prosecution case, in brief, is that on 29.05.2010, Mr. Akbar

Jan, then Provincial Drug Inspector, D.I. Khan, visited the premises of

M/s Chishti Enterprises, D.I. Khan, and collected samples of three

products, namely (i) Hipro T Supplement (Batch No.002), (ii)

Supplement-M (Batch No.005), and (iii) The Step Point Diet (Batch

No.004), on Form-S for purposes of analysis. The samples were sent to

the Provincial Drugs Testing Laboratory (DTL), Peshawar, which

declared them as containing allopathic ingredients vide Test Reports

No.230l l to 230l3/DTL dated 19.07 .2010.

3. Upon issuance of a show-cause notice under Section 18(l)(g) of the

Drugs Act, the proprietor of M/s Chishti Enterprises submitted un

invoice indicating that the subject products had been procured from

M/s Neutro Pharma Lahore. A show-cause notice was also issued to the

said company, but the reply submitted by it was found unsatisfactory

by the Drug Inspector. Consequently, the matter was placed before the

Provincial Quality Control Board, Khyber Pakhtunkhwa, under Section

19(6) of the Act. In its meeting held on 09.10.2018, the Board granted

sanction for prosecution of (i) Saif Ullah Khan, Manager Regulatory

Affairs of M/s Neutro Pharma (Pvt.) Ltd., Lahore and (ii) Amjad Chishti,

proprietor of M/s Chishti Enterprises, D.I. Khan. Accordingly,

Complaint No.42, dated 14.06.2022, was filed before the Drug Court

under Section 30 of the Act for alleged contraventions of Sections 23(1)

(a)(vii) and 23(1)(b) of the Act, punishable under Section 27 thereof.

4. On 12.12.2024, one Izzat Khan, claiming to be the Manager of M/s

Neufro Pharma Lahore, appeared before the learned Chairman, Drug

Court, and submitted an application stating that accused/ respondent

No.3 Saif Ullah Khan had abandoned service with the company. He

further requested that the case against Saif Ullah Khan and the

company be decided on the basis of his own plea of guilty. Acting on

this application, the learned Drug Court proceeded to convict and

sentence respondent No.3, Saif Ullah Khan, in absentia. The fine and

publication fee were subsequently deposited by respondent No.2, Izzat Khan, against official receipt No.3996. The co-accused, Amjad Chishti,

was however acquitted under Section 265-D read with Section 265-K

Cr.P.C.

5. Feeling aggrieved by the conviction of its official and the

implications of the impugned order, the appellant M/s Neutro Pharma

(Pvt.) Ltd. approached this Court through the instant criminal appeal.

6. We have heard the arguments of the learned counsel for the

parties and examined the available record with their able assistance.

7. Before delving into the merits of the case, it is imperative to

address the maintainability of the instant appeal. Subsection (7) of

Section 31 of the Drugs Act, 1976, provides that a person who has been

sentenced by a Drug Court may file an appeal before a Bench of the

High Court consisting of hot less than two Judges within thirty days of

the passing of the judgment. In the present case, the conviction and

sentence in Complaint No.42/DC/DIK were passed against Saif Ullah

Khan, Manager Regulatory Affairs, in his personal capacity. However,

the instant appeal has not been preferred by the said convict, i.e.,

respondent No.3 Saif Ullah Khan, rather it has been instituted by IWs

Neutro Pharma Lahore (Pvt.) Ltd., the private company which was

neither convicted in specific terms nor held guilty through a separate

order. It is a settled proposition of law that only a person aggrieved by

a conviction or sentence passed by the Drug Court, or a person legally

competent to represent him under due authorization, can file an

appeal under Section 31 (7) of the Act. In the absence of such

authorization, the appellant lacks locus standi. Therefore, the appeal,

as filed by M/s Neutro Pharma Lahore (Pvt.) Ltd., against the

conviction of its erstwhile employee, Saif Ullah Khan, is not competent

in law.

8. Consequently, the appeal filed by M/s Neutro Pharma Lahore

(Pvt.) Ltd. against the conviction of respondent No.3 is misconceived

and incompetent for want of locus standi. The appellant company

cannot challenge a conviction passed against an individual in his

personal capacity unless duly authorized and empowered to represent

him for that specific purpose.

9. In view of the above, the instant appeal is dismissed being

incompetent and not maintainable under Section 7 of the Drugs Act,

l976.

JK/178/P Appeal dismissed.