KARACHI, Aug 20: The Sindh High Court on Friday expressed concern over the approach of the Drugs Court of Sindh that treated the offences under Drugs Act as minor ones “like violation of traffic laws or price list”.

While admitting five criminal revision applications against the judgments of the Drugs Court in as many cases, a division bench comprising Justices Amir Hani Muslim and Syed Hassan Azhar Rizvi also put the Attorney General, Sindh Advocate General and federal and provincial health secretaries on notices for Sept 17.

Sindh Prosecutor General Shahadat Awan prayed to the court to enhance the sentence of the accused who had been awarded sentences of detention till rising of the court and fine ranging between Rs10,000 and Rs20,000 each by the Drugs Court.

He stated that three accused were charged with the offences that involved rigorous imprisonment up to five years and fine up to Rs50,000.

The provincial chief prosecutor contended that the impugned judgments of the Drugs Court were not legal and were contrary to the language of Section 27 of the Drugs Act, 1976 which was the punishing section.

Mr Awan submitted that the accused were the owners and employees of the medical stores and the drug inspectors and the FIA staff had seized spurious, expired, unregistered, substandard and counterfeit medicines and samples for physicians.

Besides, he said, packing components of different drug products, loose strips, blisters, ampoules and bottles of different drug products were also seized under a legal memo.

The prosecutor stated that the FIRs were lodged against the accused persons who were accordingly charge-sheeted and sent up for trials.

He said that the accused persons pleaded guilty when the Drugs Court framed formal charges on them and the court handed down a sentence till the rising of the court with a fine of Rs20,000 each to the owners of the medical stores and Rs10,000 each to the employees.

He stated that the offences committed by the accused were cognisable and non-bailable as the stuff seized and sealed were life saving drugs.

“What is most unfortunate is that a person who pleads guilty for committing offence under Section 23 of the Drugs Act is not convicted and sentenced in accordance with law, but awarded just symbolic sentence by way of detention till rising of the court,” he said.

He submitted that the fine in such matters could not be treated as a sufficient punishment to meet the ends of justice as was observed in the impugned judgments of the Drugs Court.

He contended that a mere imposition of fine on the accused was in fact amounted to giving them a licence to play with the lives of the people. “Unless there is element of deterrence such spurious drugs would remain in market threatening the lives of people,” he added.

The chief prosecutor submitted that the Drugs Court did not assess and evaluate the magnitude and gravity of the offences committed by the accused, while passing the impugned judgments.

The bench in its order observed: “We are shocked to see that neither the provincial nor the federal government has ever shown concern on these issues”.

It further observed: “We must also record our concern over the approach of the Drugs Court while passing impugned judgments that the Drugs Court treats the offences falling under Section 23 of the Drugs Act as minor offences like violation of traffic laws or violation of price list.

The Drugs Act has been introduced to ensure that no citizen in Pakistan loosed his or her life on account of spurious or sub-standard drugs. Our constitution protects every citizen and grants them fundamental right to enjoy their life. The Act, 1976 has been legislated with the aforesaid wisdom, which spirit is defeated by the impugned judgments.”

The court also issued bailable warrants in the sum of Rs50,000 each against the accused persons “for procuring their attendance in court on the next date”.

DIGs told to ensure closure of illegal hydrants

The same bench expressed grave displeasure over the mismanagement of water distribution in the city.

The bench was seized with a constitutional petition of the Karachi Water and Sewerage Board (KWSB) which impleaded the home secretary, the Pakistan Rangers and the SHOs of the Ibrahim Haideri, Zaman Town, Sukhiya Goth, Sindhi Muslim Society, Gulistan-i-Jauhar, New Karachi, Mauripur and the Landhi police stations.

The KWSB prayed to the court to direct the respondents to restrain the illegal water hydrants from operating in different parts of the city.

The court directed the DIGs of East and West zones to monitor the issue themselves and ensure that the illegal hydrants were closed.

“We grant four-week time to the DIGs of East and West [zones] and direct the petitioner to get in touch with them in order to resolve the issue,” the bench ordered.

A Rangers official placed on record a statement on behalf of the Pakistan Rangers saying that they had nothing to do with the distribution of water.

The court put the respondent SHOs on notices and warned that they would also be booked in case if the illegal hydrant was found operating in their respective areas.