Federal Constitutional Court of Pakistan

Government of Khyber Pakhtunkhwa through Secretary Health Department and others v Dr Muhammad Rizwan Rajpoot and others

Published on this website

C.P.L.A. No. 538-P of 2023

Citation: Approved for reporting; reported citation not stated in supplied judgment

Pakistan | Pharmacy Act, 1967 | Section 31(4)(a)Pakistan | Drugs Act, 1976 | Section 23(1)(c)Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Article 199

Background

Background

The FCC held that the Pharmacy Act exception for doctors dispensing to their own patients does not waive drug-sale licensing. It restored show-cause proceedings without deciding whether the doctors had sold drugs.

Drug inspectors took stock into custody at clinical establishments and issued notices over alleged unlicensed drug sales. Doctors challenged the notices before responding to the authority.

Legal questions

Does a registered doctor's dispensing exception remove the need for a drug-sale licence, and was a writ maintainable before disputed facts were considered on show-cause notices?

Court holding

What the Court decided

The Pharmacy Act exception permits a doctor to dispense to their own patients but does not exempt commercial drug sales from the Drugs Act's licensing regime. The High Court intervened prematurely in pending statutory proceedings over disputed facts.

Final outcome

Final outcome

The government's petition was converted into an appeal and accepted; the High Court judgment was set aside and the show-cause proceedings restored without any finding that the doctors were guilty.

Practical effect

What the decision means in practice

Doctors can answer the restored notices with records of patient dispensing; regulators must decide the disputed conduct without treating the FCC judgment as a finding of guilt.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

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