Glaxo Smith Kline Pakistan Limited vs Provincial Quality Control Board Punjab Ss

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Glaxo Smith Kline Pakistan Limited VS Provincial Quality Control Board Punjab Ss. 11, 22, 23 & 30---Punjab Drugs Rules, 2007 , R.5---Report(s) of lab(s)---Provincial Quality Control Board---Powers---Initiation of proceedings before the Drug Court, assailing of---Provincial Quality Control Board ('Board') issued show cause notice to Manufacturer/ Pharmaceutical Company, and while rejecting its objections directed the drug inspector to initiate the complaint before the concerned Drug Court against the company---Sample of drug was declared as substandard by the Drug Testing Lab as well as National Institute of Health---Petitioner / company invoked constitutional jurisdiction of the High Court submitting that, the reports being considered as conclusive evidence, shall prejudice the petitioner/company in case the matter goes to trial---Validity---S.11 of the Drugs Act, 1976, has constituted various Provincial Quality Control Boards which are composed of experts on the subject---By virtue of Rule 5 of the Punjab Drugs Rules, 2007 , the Board, on examination of a case sent to it by the Drug Inspector , shall issue a show cause notice to the person in order to provide him an opportunity of hearing before taking the action recommended to be taken against him---In this manner, a mechanism has been provided to provide an opportunity of hearing to the person against whom, inter alia ,prosecution is intended to be initiated---Show cause notice is issued on the basis of the report of the Government Analyst Drug Testing Laboratory declaring the drug to be either spurious, substandard or adulterated---In the present case, undisputedly ,both the reports had declared the sample of the drug-in-question to be substandard---Drugs Act, 1976, provides a procedure to afford an opportunity to the drug manufacturer to put forward their defense before the Board when their drug has been found to be spurious, substandard or adulterated---This is a prior step and criminal proceedings is initiated if the Board is not satisfied with the defense put forward by the person who has prima facie committed the offence under the Drugs Act, 1976---In the present case, the Drug Inspector was directed to initiate criminal proceedings before the Drug Court for reasons already given in the impugned order---Board took a conscious decision in granting permission for prosecution of the petitioner and its employees after granting hearing to the concerned parties---Submission of the petitioner ,regarding trial being prejudicial, was not tenable as S.22(4) of the Drugs Act, 1976, itself provides that the person who is accused of committing an offence under the Drugs Act, 1976 has a right to adduce evidence in contravention of the report---Petitioner would have all the remedies available to it before the Drug Court for impugning the veracity of the reports of the two laboratories---High Court in exercise of its constitutional jurisdiction cannot substitute its opinion for that of the Board which is the specialized body for making determination on matters /issue raised in present constitutional petition ---No case for interference by the High Court was made out---Constitutional petition , filed by manufacturer of drug, was dismissed , in circumstances.

Glaxo Smith Kline Pakistan Limited vs Provincial Quality Control Board Punjab Ss — 2024 MLD 937 LAHORE-HIGH-COURT-LAHORE

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