| Citation(s) |
|---|
| 2025 SLG 1555 2025 SLD 1555 = 2025 SHC 1731 |
Constitution Petition Nos. D-1276 & 1277 of 2025
Mr. Justice Muhammad Junaid Ghaffar, ACJ Mr. Justice Mohammad Abdur Rahman, J
PETITIONER in both Petitions : M/s. Abbott Laboratories Pakistan Limited Through Mr. Abdul Sattar Pirzada alongwith Mr. Muhammad Inzimam Sharif, Advocates. RESPONDENT : Federation of Pakistan Through Ms. Mehreen Ibrahim, Assistant Attorney General.
Law: Drug Pricing Mechanism
Section: 7,7(2)(ii),10,10(2)
SUMMARY
The petitioners challenged orders by the Drug Regulatory Authority of Pakistan (DRAP) and its Appellate Board, which denied their request for a 10% annual increase in the Maximum Retail Prices (MRPs) of certain drugs (Brufen 200mg Tablet, Brufen Suspension, Thyronorm Tablet 125mcg). Petitioners argued these drugs should be classified as "lower priced drugs" under the Drug Pricing Policy, 2018, entitling them to a higher price increase. DRAP and the government contended that the drugs had crossed the price threshold for "lower priced drugs" (as per Rule 10), and thus only qualified for a 7% increase.
The Court held that since the MRPs of the drugs in question were above the threshold for "lower priced drugs," the petitioners could not claim a 10% increase. The Court also clarified that the “deemed notification†provision (Rule 7(2)(ii)) only applies if the price calculations are correct and in accordance with the Policy, which was not the case here. The petitions were dismissed.
CORE POINTS
Petitioners sought a 10% annual price increase for certain drugs, claiming they were "lower priced drugs."