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PAKISTAN CHEMISTS AND DRUGGISTS ASSOCIATION versus FEDERATION OF PAKISTAN

3R - Constitution of Pakistan, Article 25 - Drug Import Policy - Discrimination - Applicants were a representative organization of drug importers, wholesalers and retailers who attacked the drug import policy based on discrimination. - Justification - Discrimination also had to look at classes and categories, and the whole world not finished manufactured drug import and active pharmaceutical ingredient (API) classes and categories were completely different and operated under different rules - items paid on the policies. Absolutely were in line with the rules and the applicants were far from complaining. As there was no discrimination the place was in accordance with the legal framework established by the rules in the policy - the High Court refused to interfere with the government policy case circumstances The constitutional petition was dismissed under the circumstances Ip 139] A

P L D 2017 Sindh 135 

Before Sajjad Ali Shah, C.J. and Zulfiqar Ahmad Khan, J

PAKISTAN CHEMISTS AND DRUGGISTS ASSOCIATION through Authorised Officer—Petitioner

versus

FEDERATION OF PAKISTAN through Secretary and 3 others—Respondents

Constitutional Petition No.D-4436 of 2014, decided on 23rd February, 2016.

Drugs (Import and Export) Rules, 1976—

—R. 3—Constitution of Pakistan, Art. 25—Drugs Import Policy— Discrimination—Petitioner was a representative body of drugs importers, wholesalers and retailers who assailed Drugs Import Policy on ground of discrimination—Validity—Discrimination was to be shown vis-a-vis same class and category, and not the whole world around—Class and category of finished drugs imports and Active Pharmaceutical Ingredients (API) were completely different and governed by different rules—Policy items assailed were perfectly in accordance with rules and grievance of petitioner was out of place as there was no discrimination—Policy in question was in line with legal framework established by laws—High Court declined to interfere in matter of policy of government—Constitutional petition was dismissed in circumstances. Ip. 139] A

1996 MLD 1136 rel.

Omer Soomro for Petitioner.

Asim Mansoor Khan, A.A.G, along with Zaheer Uddin M. Baber, Drug Regulatory Authority of Pakistan for Respondents.

Date of hearing: 23rd February, 2016.

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