| Case ID |
22ca212a-02fc-4b0d-942a-913702979bd7 |
| Body |
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| Case Number |
Criminal Appeal No. 120 of 2008 |
| Decision Date |
Jul 02, 2010 |
| Hearing Date |
Jun 08, 2008 |
| Decision |
The Peshawar High Court upheld the conviction and sentence of the appellants, Messrs Parke Davis & Co. Ltd. and Dr. Iftekhar Ahmad Jafri, for manufacturing substandard medicines under the Drugs Act, 1976. The court found that the evidence presented by the prosecution was sufficient to prove that the drug in question was substandard, as confirmed by reports from both the Government Analyst and the National Institute of Health. The fines imposed were deemed insufficient given the circumstances, and the court regretted the failure to prosecute all directors of the company as mandated by law. The appeal was dismissed. |
| Summary |
In the case of Messrs Parke Davis & Co. Ltd. and Dr. Iftekhar Ahmad Jafri v. Provincial Drug Inspector, the Peshawar High Court addressed allegations of producing substandard drugs under the Drugs Act, 1976. The case revolved around the manufacturing of Choloromycetin Palmitate Suspension, which was reported as substandard by both the Government Analyst and the National Institute of Health. The trial court's sentence of fines was upheld, although criticized for being insufficient. This case highlights the importance of regulatory compliance in the pharmaceutical industry and the responsibilities of directors in ensuring product quality. Keywords include 'Drugs Act', 'substandard medicines', 'pharmaceutical compliance', which are essential for legal professionals and pharmaceutical entities to understand the implications of drug quality regulations. |
| Court |
Peshawar High Court
|
| Entities Involved |
Messrs Parke Davis & Co. Ltd.,
National Institute of Health,
Provincial Quality Control Board
|
| Judges |
Syed Sajjad Hussain Shah,
Yahya Afridi
|
| Lawyers |
Abid Hameed Puri,
Shaheen Shah,
F.M. Sabir
|
| Petitioners |
Messrs Parke Davis & Co. Ltd.,
Dr. Iftekhar Ahmad Jafri
|
| Respondents |
The State,
Provincial Drug Inspector
|
| Citations |
2010 SLD 2982,
2010 PCRLJ 1963
|
| Other Citations |
Hafiz Khalil v. The State 1996 PCr.LJ 1183,
State v. Iqbal Ahmad Khan 1996 SCMR 767,
State v. Messrs Apro Nicholas Pakistan Ltd. 1991 PCr.LJ 1363,
Khalid Mansoor v. The State 1985 PCr.LJ 281,
Muhammad Amin Khan v. Muhammad Siddique 1984 PCr.LJ 1580,
Basharat Ali v. Director Excise and Taxation 1987 SCMR 1543,
Shahid Habib v. State 2000 PCr.LJ 808,
Niaz Muhammad v. Mian Fazal Raqib PLD 1974 SC 134
|
| Laws Involved |
Drugs Act, 1976
|
| Sections |
16,
17,
22,
23,
31(7-A),
34
|