Law:

Section:

Drugs Act (XXXI of 1976)--------Ss 3(z), 22 & 19(6)---Constitution of Pakistan Art.199---Constitutional petition---Alternate Remedy---Contractual matter---Supply of pharmaceutical drugs---Quality standard---Specifications to test quality of drugs---Scope---Reports of government analysts---Petitioner, Pharmaceutical Company, impugned test reports of Government Analyst, whereby samples of a drug (paracetamol tablets) supplied by the petitioner were found to be substandard and payment of the petitioner was withheld by the Provincial Government---Contention of the petitioner was inter alia, that as per specification provided in the British Pharmacopoeia, "Friability test"; which was carried out by the Government Analyst, was not applicable to the drug supplied by it, and therefore, the report of the Government Analyst was illegal---Petitioner-company further sought direction to Provincial Government to pay the petitioner for the supply of the drug---Validity---Provisions of S.22 of the Drugs Act, 1976, provided that Government Analyst could carry out the tests and the National Institution of Health, was the expert statutory authority in the matter---Since no specification of drug in question had been prescribed, under S.3(z) of the Drugs Act, 1976 specification provided in the British Pharmacopoeia was applicable----As per production formula given in the British Pharmacopoeia, the "Friability Test" was applicable to the drug in question, and the contention of the petitioner was therefore contrary to what was contained in the British Pharmacopoeia for the said drug---Factual controversy as to whether the drug in question was according to specification or was it substandard could not be resolved in the Constitutional jurisdiction of High Court and could only be resolved by the Expert / Competent Authority under the law, which had already given its findings---Petitioner, under S.19(6) of the Drugs Act, 1976 could present any grievance regarding quality of its drug, before the Provincial Quality Control Board---Any direction from the High Court to release the pending payment of the petitioner could not be issued, as the same was the enforcement of a "contractual…

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