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MESSRS ZEB LABORATORIES (PVT.) LIMITED versus CENTRAL LICENSING BOARD


R5 and Schedule B, paragraph 2 (k) [as amended on 31st 5 1983 and then on 15-5 1995] Drugs Act (XXXI of 1976), Section 23 Constitution of Pakistan (1973), Article 199 Constitution Denying permission to move the laboratory to a new premises license that was granted to the applicant in 1974 and re-designated under the Drugs Act 1976, from time to time, the Schedule to Drug (Licensing, Registration and Advertising) ) Was introduced in Schedule Two to Para 2 (k). (Rules, 1976) The applicant has been directed to move the applicant from the residential area to a suitable area; the applicant pursued a plot purchased in this direction, constructed a new building and provided the laboratory with new premises. The Authority applying for permission to move in refused the permission on the basis that the plot size was less than 2000 square yards under such schedules, as amended on 15 5 1998. The applicant said that several other laboratories were also being allowed to continue on lesser plots. For such a size, the respondent did not show any reason as to why the applicant was being discriminated The respondent could not insist on the performance of the condition introduced in May 1995 There was nothing on record that the applicant had not completed the new construction before such condition was introduced. The court accepted the constitutional petition and declared the illegal order to be without legal authority

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