Law: Drugs (Import and Export) Rules, 1976

Section: 3

Law: Constitution of Pakistan, 1973

Section: 25

Drugs (Import and Export) Rules, 1976--- ----R. 3---Constitution of Pakistan, Art. 25---Drugs Import Policy---Discrimination --- Petitioner was a representative body of drugs importers, wholesalers and retailers who assailed Drugs Import Policy on ground of discrimination---Validity---Discrimination was to be shown vis-à-vis same class and category, and not the whole world around---Class and category of finished drugs imports and Active Pharmaceutical Ingredients (API) were completely different and governed by different rules---Policy items assailed were perfectly in accordance with rules and grievance of petitioner was out of place as there was no discrimination---Policy in question was in line with legal framework established by laws---High Court declined to interfere in matter of policy of government---Constitutional petition was dismissed in circumstances. 1996 MLD 1136 rel. THIS ORDER PASSED BY: ZULFIQAR AHMAD KHAN, JUSTICE:---.--- Being aggrieved with the import policy of drugs announced by the Policy Board of Drug Regulatory Authority, Pakistan ("DRAP") in October 2013, the petitioner who is a representative body of drug importers, wholesaler and retailers has agitated this instant petition praying that the said Policy be set aside and directions be given to the respondents to follow Drug (Licensing, Registering and Advertising) Rules, 1976 ("the Rules"). 2. Upshot of the contention of the learned counsel for the petitioner is that the said Policy is discriminatory vis-a-vis the procedure provided for the importers of Active Pharmaceutical Ingredient ("API") vs the importer of finished drugs (whose interests the petitioner represents). In particular, the learned counsel drew court's attention to item (i) of the Policy which provides that "product specific inspection of manufacturer abroad will be carried out before grant of registration" whereas, no such requirement of manufacturers" premises inspection is required in the said Policy for the importers of APIs, which per the counsel's contention are also imported from the overseas. This added requirement, per the learned counsel, at one hand adds extra cost, at the same time delays process of…

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