PESHAWAR, April 12: A two-member bench of the Peshawar High Court on Friday admitted to full hearing seven criminal appeals, challenging the composition of the NWFP Drug Court.

The bench comprising Justice Malik Hamid Saeed and Justice Ijazul Hassan suspended the conviction of a pharmaceutical manufacturer, Haji Ibraheem Khan, by the drug court and released him on furnishing two sureties of Rs25,000.

The appellant was manufacturer of various medicines and owner of Anglo Pharma Laboratories. In seven cases registered against him by the concerned drug inspector, he was sentenced to three months rigorous imprisonment with fine of Rs25,000.

Advocate Abdul Rauf Rohaila appeared for the petitioner and contended that the composition of a drug court had been given in section 31(3) of the Drug Act, 1976. He stated that under the law the court should comprise a chairman and two other members. However, he argued, the present court had only a chairman and a single member instead of two members, which was violation of the law.

Moreover, Mr Rohaila contended that under section 27 (4) of the Drug Act in case of conviction an accused could be convicted for a maximum period of five years or with fine up to Rs50,000 or both, whereas according to the practice the drug court exercised discretion in awarding punishment of fine only. He stated that notwithstanding legality of the order when the accused had placed himself at the mercy of the court lenient view should have been taken by the court and only penalty of fine should have been imposed.

According to facts of the case, the said laboratories supplied medicines to far flung areas. During the course of normal checking the concerned drug inspector took samples of various medicines manufactured by the appellant.

The laboratory report declared the said medicines sub-standard.

When the challan of the cases were put before the court the accused pleaded guilty and sought mercy of the court.