Law: Punjab Drugs Rules, 1988

Section: 20(2)

Law: Constitution of Pakistan, 1973

Section: 18, 19

Punjab Drugs Rules, 1988 R.20(2)‑‑‑Constitution of Pakistan (1973), Arts. 18 & 199‑‑‑Constitutional petition‑‑ Wholesale trade of drugs ‑‑‑Entitlement‑‑ Application for wholesale trade of drugs was disallowed on the ground that applicant who was not a Pharmacist was not entitled to run the trade of drugs‑‑‑Validity‑‑‑Rule 20(2) of the Punjab Drugs Rules, 1988 laying down condition of being a Pharmacist in order to become dealer in drugs, having been declared as void because of its conflict with Art. 18 of the Constitution of Pakistan (1973), it could not be said that only a Pharmacist could run the wholesale trade of drugs‑‑‑Order disallowing application passed by Authority was declared illegal by High Court with direction to issue the licence applied for by the applicant. Muhammad Sharif Sheikh v. District Health Officer, Multan and 4 others PLD 1992 Lah. 415 ref. Dates of hearing: 16th April and 31st May, 2001.                                                                                                                                                JUDGMENT Petitioner asserts that he is a Proprietor of "Shangi Medicos", applied for a licence in Form‑10 under the Punjab Drugs Rules, 1988 on 16‑5‑1997, for wholesale of Drugs. This application was not decided within the prescribed 45 days, which led the petitioner to file Writ Petition No.12315/99. This petition was disposed of with the direction to decide the application in accordance with law declared in Muhammad Sharif Sheikh v. District Health Officer, Multan and 4 others (PLD 1992 Lah. 415) and the relevant statutory rules. It is claimed that after much running about, the application was disallowed vide Communication No.19115, dated 29‑9‑1999 received from District Health Officer, respondent No.3. The application has been disallowed on…