Section 23—Instead of holding the trial before the Drug Court it was held before the wrong forum of Special Tribunal which is no trial in the eye of law. The order of conviction and sentence is therefore set aside and the case is sent back to the Drug Court for fresh cognizance and trial. Shahidullah, 2. Jane Alam vs State 45 DLR 640.
[VIII of 1982]
Sections 8 and 16—Interpretation of Statutes—The order of the appellants’ conviction by the Judge of Drug Court is based on his finding of “keeping in stock and exhibiting the medicine (banned one) in the shop”. Neither section 8 nor section 16 contains the quoted expression. Penal statute must be strictly construed and a court in order to punish an accused must not introduce any expression which has not been used by the makers of the law. The impugned order must therefore be struck down. Dr Golam Rahman vs State 42 DLR 493.