MUHAMMAD ANWAR vs GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR S — 2025 PLD 84 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 PLD 84 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: PLD
Parties: MUHAMMAD ANWAR vs GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR S
Subject matter: Criminal
Provisions referred to: S. 25---K

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ANWAR VS GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR S.25---Khyber Pakhtunkhwa Drugs Rules, 1982, R. 18---Constitution of Pakistan, Arts. 18 & 199---Constitutional petition---License of Pharmacist, renewal of ---Category-B Pharmacists/Dispensers and Category-C Apprentices---Policy matter---Petitioners were aggrieved of refusal of authorities to renew their licenses on the ground that they were only Category-B Pharmacists/Dispensers and Category-C Apprentices, due to amendment made to Khyber Pakhtunkhwa Drug Rules, 1982---Validity---Amendment was brought in Khyber Pakhtun-khwa Drug Rules, 1982, in public interest as sale by non-qualified persons would endanger lives of public---Decision of Provincial Government to amend the rules was a policy matter of the Province and had been in the larger interest of people---Reasonable qualification was prescribed by law for entering into a lawful trade/business---In the year 1980, when rules were first passed, there was dearth of qualified pharmacists hence laxity in qualifications for drug retail license---Situation was substantially different and pharmacy graduates were neither hard nor costly to find---Prohibiting carrying of such business by unqualified person was in public interest and qualification so prescribed by government through legislation in question qualified the test of reasonableness---High Court declined to interfere in policy decision of Government---Constitutional petition was dismissed, in circumstances.

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