Citation Name: 2023 CLC 1387 LAHORE-HIGH-COURT-LAHOREBookmark this Case NASIR ABDULLAH vs PROVINCIAL QUALITY C

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Citation Name: 2023 CLC 1387 LAHORE-HIGH-COURT-LAHOREBookmark this Case NASIR ABDULLAH VS PROVINCIAL QUALITY CONTROL BOARD R.59---Drugs act (XXXI of 1976), S.18---Misbranding a medical device---Jurisdiction of Medical Device Board---Powers of inspectors---Scope---Drug Inspector took samples of certain contraceptives for the purpose of testing and analysis and their inspection revealed that they contained an allopathic ingredient---Following the issuance of a show cause notice to the petitioner and providing an opportunity for a hearing, the District Quality Control Board recommended granting permission for prosecution---In response, the petitioner challenged the jurisdiction of the Drug Inspector through present constitutional petition---Validity---Contention that since the product contained an allopathic ingredient, it fell within the jurisdiction of Drug Inspector and the District Quality Control Board, was fallacious---Petitioner's product was regulated by the Medical Device Board, and therefore, any disputes relating to such products should be adjudicated and decided by the Board established under the Medical Devices Rules of 2017---Said rules not only outlined the procedure for granting establishment licenses but also approved the conditions of the establishment license---Medical Device Board was responsible for the enlistment or registration of medical devices and related matters---In cases of breach or non-compliance, the Medical Device Board was empowered to assign responsibility for the offenses and refer the case to court for determination---Rule 59 of the Medical Devices Rules, 2017, specifically delineated such powers of the Board---allegations against the petitioner involved the misbranding of a medical device, which fell squarely within the responsibilities and duties of the Medical Device Board---Jurisdiction of the Drug Inspector was ousted in all matters pertaining to the responsibilities of the Board---Consequently, the constitutional petition was allowed and both the impugned order and preceding orders were set aside.

Citation Name: 2023 CLC 1387 LAHORE-HIGH-COURT-LAHOREBookmark this Case NASIR ABDULLAH vs PROVINCIAL QUALITY CONTROL BOARD R — 2023 CLC 1387 LAHORE-HIGH-COURT-LAHORE

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