| Citation(s) |
|---|
| 2003 SLG 3904 2003 SLD 3904 2003 PLD 483 |
Lahore High Court
Intra Court Appeal No. 396 of 2003 in Writ Petition No. 21589 of 2002, heard on 4th March, 2004.
SH. ABDUL RASHID AND M. BILAL KHAN, JUSTICE
Muhammad Saleem Shahnazi for Appellant. Dr. Danishwar Malik, Deputy Attorney General and Dr. Ahmad Mahmood Mumtaz, Federal Inspector of Drugs for
Respondents.
Intra Court Appeal No. 396 of 2003 in Writ Petition No. 21589 of 2002, heard on 4th March, 2004.
SH. ABDUL RASHID AND M. BILAL KHAN, JUSTICE
Muhammad Saleem Shahnazi for Appellant. Dr. Danishwar Malik, Deputy Attorney General and Dr. Ahmad Mahmood Mumtaz, Federal Inspector of Drugs for
Respondents.
MESSRS SHIFA LABORATORIES (PVT.) LIMITED THROUGH CHIEF EXECUTIVE
VS
REGISTRATION BOARD, MINISTRY OF HEALTH, GOVERNMENT OF PAKISTAN THROUGH DIRECTOR GENERAL AND others
Law:
Section:
Law Reforms Ordinance (XII of 1972)---.----- ---.--- S. 3---.---Constitution of Pakistan (1973), Art. 199---.---Intra Court Appeal ¬Pharmaceutical raw material---.---Quota, increase in---.---Appellant was allowed to manufacture injections of the medicine of which he was previously preparing tablets---.---Such permission was granted on the condition that the appellant would not demand increase in quota of raw, material namely `Buprenorphine'---.---Later on the appellant sought increase in quota on the ground that other manufacturers had been given more raw material---.---Increase in quota was refused by the authorities and the order was maintained by Judge in Chambers of High Court---.---Authorities informed the Court that two million injections could be manufactured out of existing quota of 468 grams of the raw material and the appellant did not deny the information of the authorities---.---Contention of the authorities 'was that the raw material was a psychotropic substance listed in Sched. III of the United Nations Convention on Psychotropic Substances, 1971, and Pakistan was a signatory---.---Authorities further contended that the injections were being used by drug addicts all over the country, otherwise the number of the legitimate users was very limited, as the injection was used by the patients who were terminally ill especially the patients afflicted with cancer---.---Validity---.---Appellant was not able to point out any illegality in the order passed by Judge in Chambers of High Court in exercise of Constitutional jurisdiction---.---As such the order of the High Court was well reasoned and comprehensive and Division Bench of High Court declined to take a different view than the one taken by the Judge in Chambers ---.---Intra Court Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: M. BILAL KHAN, JUSTICE:---.--- Through this I.C.A. the petitioner Pharmaceutical concern which manufactures drugs and medicines has challenged the order dated 10 7 2003 passed by the learned Judge in Chamber, whereby the petitioner's Constitutional petition bearing W.P. No.21589 of 2002 had been dismissed. 2. The facts in brief are that the petitioner company…
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