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Violation of Mandatory Procedural Requirements --- Lahore High Court Quash FIR and Remand the case for Denovo Proceedings

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Violation of Mandatory Procedural Requirements --- Lahore High Court Quash FIR and Remand the case for Denovo Proceedings

Islamabad 12-11-2024: In a significant decision, the Lahore High Court quashed [FIR No. 79/2024] against Rukhsar Ahmad, who had been accused of engaging in the illegal sale of unregistered and spurious drugs. The Court ruled that the prosecution’s failure to follow mandatory procedural requirements rendered the proceedings unlawful and without legal authority.

Mr. Justice Tariq Saleem Sheikh and Mr. Justice Muhammad Amjad Rafiq presided over the case, where the petitioner sought post-arrest bail, challenging the procedural validity of the charges brought under the Drugs Act, 1976 and the Drug Regulatory Authority of Pakistan (DRAP) Act, 2012. The Court held that the prosecution failed to issue a show-cause notice, as mandated by Rule 5(3) of the Punjab Drugs Rules, 2007, thereby depriving the petitioner of the opportunity to defend himself prior to prosecution.

The Court highlighted that regulatory frameworks like the Drugs Act and the DRAP Act require strict adherence to procedural steps, including the requirement for inspectors to refer cases to the Provincial Quality Control Board (PQCB) or District Quality Control Board (DQCB) for further action. This procedural safeguard ensures fairness and compliance with Article 4 of the Constitution of Pakistan, which guarantees every citizen’s right to due process.

The Court cited multiple precedents to underscore the mandatory nature of the show-cause notice requirement, including Province of Punjab Vs. M/s Flow Pharmaceuticals (Pvt) Ltd. (C.P. 1861-L/2020), where the Supreme Court emphasized that failure to comply with procedural mandates invalidates any subsequent actions. Additionally, the Court referred to Muhammad Anwar Vs. Mst. Ilyas Begum (PLD 2013 SC 255) and Syed Raza Hussain Bukhari Vs. The State (PLD 2022 SC 743), underscoring the Lahore High Court’s constitutional jurisdiction to quash proceedings that violate fundamental rights.

In its decision, the Lahore High Court directed that the matter be sent back to the DQCB for de novo proceedings, requiring the issuance of a show-cause notice and allowing the petitioner an opportunity to respond before any prosecution action is considered.