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Petitioner: M/s. Bloom Pharmaceuticals (Pvt.) Ltd VS Respondent: Province Of Punjab and others
Court Name: Lahore High Court Judge(s): Shahid Karim Title: M/s. Bloom Pharmaceuticals (Pvt.) Ltd vs Province Of Punjab and others Case No.: W.P. No. 40067 of 2020 Date of Judgment:2020-09-08 Reported As: PLJ 2020 Lahore 581 Result: Petition allowed
Judgment ORDER This constitutional petition challenges the order dated 13.8.2020 passed by Provincial Quality Control Board (the Board). 2. The learned counsel for the petitioner relies upon an order passed in W.P No. 32138 of 2019 by which it has been held that the Board has no discretio n to refuse the request of an accused to cause the sample of drugs to be relisted by the Federal Drug Laboratory . However , the Board turned down the request of the petitioner on the ground that it had been filed beyond the stipulated time of ten days. 3. Firstly , the order passed in W.P No. 32138 of 2019 relied upon by the petitione r is on all fours with the case of the petitioner . Therefore, the Board was under an obligation to send the sample for retesting on the request of the petitioner in terms of sub-section (5) of Section 22 of the Drugs Act, 1976. Stran gely, in the impugned order the reason which weighed with the Board was that the request for retesting had been made beyond period of, ten days, is not apparent from any provision of the Drugs Act, 1976. In fact, Section 22 does not make any mention of the period within which such a request should be made. The request of the petitioner therefore could not be denied on this ground. 4. In view of the above, this petition is allowed and the impugned order is set aside. The Board shall proceed in terms of sub-section (5) of Section 22 of the Act, 1976 and cause the sample of the drugs subject matter of this petition to be tested by the Federal Drug Laboratory at the cost of the petitioner .