| Case ID |
2c5399b5-7f76-46b1-9fd1-7894fed98f6c |
| Body |
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| Case Number |
C.P. No. D 612 of 1985 |
| Decision Date |
Mar 05, 1986 |
| Hearing Date |
Mar 05, 1986 |
| Decision |
The petition was dismissed as the petitioners failed to avail the alternate remedy of appeal provided under the Drugs Act. The court held that the registration of the drug was not renewed based on the authority's assessment of its therapeutic efficacy and public interest. The court found that the mandatory provision of Section 7(11) was not applicable since the license was neither cancelled nor suspended. Therefore, the authority was not required to provide a show cause notice for the refusal to renew the license. The reasoning of the authority was deemed appropriate and within its exclusive domain. |
| Summary |
This case involves the refusal to renew the registration of a drug, 'Anaroxyl,' manufactured by M/s Harmone Laboratories. The petitioners applied for renewal of their drug registration before the expiry of the registration period but were met with a cancellation letter from the Registration Board. The court ruled that the petitioners did not follow the proper legal channels as outlined in the Drugs (Licensing, Registering and Advertising) Rules, 1976, particularly Rule 27, which stipulates that a renewal application must be made after the expiry of the registration certificate. Furthermore, the court emphasized the importance of exhausting available remedies, such as appealing to the Appellate Board, before seeking constitutional jurisdiction. The decision underscores the legal framework governing drug registration and the necessity for compliance with procedural norms. Keywords: drug registration, renewal application, legal jurisdiction, constitutional law, public interest. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHRY, JUSTICE,
HAIDER ALI PIRZADA, JUSTICE
|
| Lawyers |
Abid Hameed Puri,
Liaquat Merchant, Deputy Attorney General
|
| Petitioners |
M/s HARMONE LABORATORIES
|
| Respondents |
GOVERNMENT OF PAKISTAN THROUGH THE REGISTRATION BOARD, MINISTRY OF HEALTH, SPECIAL EDUCATION AND SOCIAL WELFARE, HEALTH DIVISION, ISLAMABAD
|
| Citations |
1986 SLD 241 = 1986 CLC 1610
|
| Other Citations |
Not available
|
| Laws Involved |
Drugs (Licensing, Registering and Advertising) Rules, 1976,
Constitution of Pakistan, 1973
|
| Sections |
27,
199
|