Charge sheet by trial court challenged in IHC

Ephedrine case

ISLAMABAD: A petition has been filed in the Islamabad High Court (IHC) by a pharmaceutical company, Danas, challenging a charge sheet by the trial court in Ephedrine case while saying that they were condemned unheard.

An IHC division bench comprising Justice Athar Minallah and Justice Mohsin Akhtar Kayani would hear in this case on Thursday (today). Petitioner Ansar Farooq has nominated secretary of the Ministry of Narcotics Control and investigation officer Anti Narcotics Forces as respondents.

The petitioner adopted that he was a director of Danas pharmaceutical manufacturing company situated at Kahuta road, Islamabad. In 2010 company was allocated with quota of precursor chemical Ephedrine under control of narcotic substances (CNS) rules 2001. M/s Danas was allocated with 1500kg quota on April 15, 2010, and 1,000kg on June 9, 2010, for the purpose of export of finished medicines. Due to cancellation of Export order, said quota was converted for the manufacturing of medicine for local consumption.

The petitioner adopted before the court that ANF alleged that the said quota was not utilised for the manufacturing of medicines, and it was smuggled outside the country. Under the CNS Act sections 9C, 14 and 15, it was mandatory for the ANF to recover the substance whereas no recovery whatsoever was made. On the other hand Danas pharma produced detailed record of utilisation of the chemical into drugs. another drug manufacturing company of Multan M/s Berlas was also alleged to misuse this quota, but Danas has no nexus with Berlas.

Petitioner adopted that in trial court petitioner was not provided with an opportunity of hearing and condemned unheard. Charges were framed against the petitioner on April 21, 2017. The petitioner has assailed the framing of charges and said that he was deprived from the right of fair trial. Petitioner has prayed to the court to declare the charge sheet as illegal and unlawful.