PAKISTAN PHARMACEUTICAL MANUFACTURERS' ASSOCIATION vs PROVINCE OF SINDH through Secretary Health R

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PAKISTAN PHARMACEUTICAL MANUFACTURERS' ASSOCIATION VS PROVINCE OF SINDH through Secretary Health R.18(ie), Forms 6, 7, 7-a, 8 & 9---Controlled substances---Restricted sale---Petitioner / Pakistan Pharmaceutical Manufacturers association was aggrieved of notification in terms of R. 18(ie) of Sindh Drug Rules, 1979, which restricted sale of drugs and controlled substances only to holder of valid drug license on Form 7-a; whereas in terms of clause (if) the same shall be sold to licensed retailer on Form-6; or licensed pharmacy on Form-8; or the one who had a license on Form-9; and had specifically excluded sale of such drugs and controlled substances from one Form-7 license holder to another Form-7 or Form-7a license holder---Legality---There is an afflux of spurious and substandard drugs not only in Pakistan but at international level---Globally, every country is victim of substandard or spurious drugs, which results in life threatening issues, financial loss of consumer and manufacturer and loss in trust on health system---It is responsibility of all and not the government alone---Petitioner as the association representing pharmaceutical companies etc. also had great responsibility on its shoulders---Petitioner / association should approach the authorities under the hierarchy of drug regulators for a feedback rather than directly approaching Courts---authorities attempted to carve out a policy in consultation with all the stakeholders, including petitioner / association as well---This menace of spurious and substandard drugs could efficiently be dealt by effective legislation which was attempted---High Court declined to interfere in the matter as there was nothing which could infer that any harassment was being caused to petitioner / association or its members---No fundamental right as to trade and business was infringed due to amendments in question which did not restrict business of sale of drugs---For regulating sale and stock of drugs, a check and balance was put in safeguarding interest of poor people/patients---Such amendments were to avoid sale of spurious and substandard drugs and to minimize miseries of people already suffering from certain diseases---Constitutional petition was dismissed, in circumstances.

PAKISTAN PHARMACEUTICAL MANUFACTURERS' ASSOCIATION vs PROVINCE OF SINDH through Secretary Health R — 2025 CLC 1 KARACHI-HIGH-COURT-SINDH

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