| Citation(s) |
|---|
| 1992 SLG 773 1992 SLD 773 1992 CLC 1017 |
Sindh High Court
Constitutional Petition No. D-291 of 1988, decided on 15th October, 1991
SYED HAIDER ALI PIRZADA ARID MUHAMMAD ASLAM MIAN, JJ
Mushtaq Memon for Petitioners. M. Shahudul Haq for
Respondents
Constitutional Petition No. D-291 of 1988, decided on 15th October, 1991
SYED HAIDER ALI PIRZADA ARID MUHAMMAD ASLAM MIAN, JJ
Mushtaq Memon for Petitioners. M. Shahudul Haq for
Respondents
Messrs HAROON BRothers
VS
DRUGS REGISTRATION BOARD and another
Law:
Section:
(a) Constitution of Pakistan (1973)--- ---Art. 199---Alternate remedy open---Existence of alternate remedy merely regulates proceedings of superior Courts and is not a bar on powers of Court to the exercise of jurisdiction under Art. 199---Where alternate remedy is not equally efficacious or speedy or where impugned order on face of it is patently illegal and without lawful authority or suffers from such legal infirmities which are apparent on the face of record the Court may despite existence of alternate remedy exercise its jurisdiction under Art. 199. (b) Drugs (Appellate Board) Rules, 1976-- ----R. 4---Constitution of Pakistan (1973), Art. 199---Person aggrieved by order passed by Deputy Drugs Controller filing appeal before Drugs Appellate Board under R. 4 of Drugs (Appellate Board) Rules, 1976 but pending appeal filing writ petition in High Court under Art. 199 of Constitution of Pakistan (1973)---Held despite existence of alternate remedy the circumstances of the case showed that alternate remedy was not efficacious nor speedy and hence alternate remedy was no bar to hearing of Constitutional petition. (c) Drugs (Licensing, Registration and Advertising) Rules, 1976- R. 27---Deputy Director Drugs issuing notice to registration holder, calling upon him to arrange for local manufacture of the drug and stating in notice that failure to comply with direction would lead to deregistration---Without hearing the party and without giving reasons in support of order, Drug Registration Board deregistered drugs under Rule 27---Held: Proceedings before the Board were quasi judicial in character and every quasi-judicial order must be supported by reasons; no reason was given nor hearing afforded to petitioner hence the order was bad---Order was set aside by High Court. Messrs Faridsons Ltd. and another v. Government of Pakistan and another PLD 1961 SC 537; Sardar Ashiq Muhammad Khan Mazari and 3 others v. Chairman, Federal Land Commission Islamabad and 4 others PLD 1977 Lah. 461 and Zeb Laboratories (Pvt.) Ltd.v. Registration Board 1988 MLD 2149 ref. JUDGMENT SYED HAIDER ALI PIRZADA, J.--The petitioners through this, petition have claimed the following reliefs:- (i)…
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