Legal Case Summary

Case Details
Case ID ded95055-ead0-49f2-b5c0-41c61dd85c86
Body View case body.
Case Number Writ Petition No.5096 of 2009
Decision Date Dec 14, 2011
Hearing Date
Decision The Lahore High Court directed the authorities to issue a formal notification recognizing four domestic institutions approved to conduct Bio Equivalence and Bio Availability tests for anti-T.B. drugs. The court emphasized the need for such a notification to ensure that the decision of the Federal Government is effective and beneficial, ultimately reducing drug prices and ensuring availability for public use. The petition was disposed of with the directive to issue the necessary notification before the end of the current financial year.
Summary In the case of Pharma Wise Labs. Ltd. vs. Secretary Health, the Lahore High Court addressed a constitutional petition regarding the certification of Bio Equivalence and Bio Availability (B.E.B.A.) necessary for anti-T.B. drugs. The petitioner, a pharmaceutical company, faced challenges as no WHO-approved laboratory was willing to conduct the required tests, a condition set by the provincial government that allegedly favored larger pharmaceutical lobbies. The court noted that while four institutions had been recognized by the Federal Government to conduct these tests, there was a lack of formal documentation confirming their authority. The court directed the issuance of a formal notification to empower these institutions, aiming to enhance domestic drug manufacturing capabilities and ensure affordable medication availability across the country. This decision underscores the importance of regulatory clarity in the pharmaceutical sector to prevent monopolistic practices and promote public health.
Court Lahore High Court
Entities Involved University of Veterinary and Animal Sciences, Lahore, Faculty of Pharmacy, Islamia University, Bahawalpur, Dow University of Medical and Health Sciences, HEJ Research Institute, Karachi University
Judges UMAR ATA BANDIAL, J
Lawyers
Petitioners PHARMA WISE LABS. LTD.
Respondents SECRETARY HEALTH, National T.B. Control Programme, Ministry of Health, Government of Pakistan
Citations 2012 SLD 1092, 2012 PLD 222
Other Citations Not available
Laws Involved Constitution of Pakistan
Sections Art. 199