2005 PLP 1801 (SCMR)
Messrs JOHNSON AND JOHNSON PAKISTAN LTD. — Petitioner Versus GOVERNMENT OF PAKISTAN and others — Respondents
| Citation | 2005 PLP 1801 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J. and M. Javed Buttar, J |
| Parties | Messrs JOHNSON AND JOHNSON PAKISTAN LTD. — Petitioner Versus GOVERNMENT OF PAKISTAN and others — Respondents |
| Primary Law | Drugs Act (XXXI of 1976) |
Q1: What are the key laws and sections cited in 2005 PLP 1801 (SCMR)?
This judgment primarily cites: Drugs Act (XXXI of 1976) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1801 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J. and M. Javed Buttar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1801 (SCMR) (Messrs JOHNSON AND JOHNSON PAKISTAN LTD. — Petitioner Versus GOVERNMENT OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- I.H. Zaidi, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for Petitioner.
- A.S.K. Ghouri, Advocate-on-Record for Respondents.
- Date of hearing: 12th July, 2005.
Headnotes / Summary
(On appeal from the judgment/order dated 24-8-2004 passed by High Court of Sindh, Karachi in C. P. No. 157 of 1993).
S. 3(g)(ii)
Pakistan Customs Tarrif Schedule, headings 30.03 & 30.05
Constitution of Pakistan (1973), Art. 185(3)
" Sutures material" --Definition
Leave to appeal was granted by the Supreme Court, inter ilia, to examine as to whether "sutures material" fall within the definition of the drug/medicament, in view of definition of "drugs" under S.3(g)(ii) of Drugs Act, 1976 and judgment' of the Supreme Court in the case of Glaxo Laboratories of Pakistan Ltd. v. Federation of Pakistan PLD 1992 SC 455; if it was so, whether the sales tax shall be charged under heading 30.03 or 30.05 of the Pakistan Customs Tarrif Schedule. Glaxo Laboratories of Pakistan Ltd. v. Federation of Pakistan PLD 1992 SC 455 ref.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
This petition for leave to appeal has been filed against the judgment, dated 24th August, 2004, passed by High Court of Sindh, Karachi, whereby C.P.D. No. 157 of 1993 filed by petitioner has been dismissed.
2. We have heard learned counsel for parties and have also gone through the impugned judgment carefully. Leave to appeal is granted, inter alia, to examine as to whether "sutures material" falls within the definition of drugs under section 3(g)(ii) of the Drugs Act, 1976 and the A judgment of this Court in the case of Glaxo Laboratories of Pakistan Ltd. v. Federation of Pakistan PLD 1992 SC 455; and if it is so, whether the Sales Tax shall be charged under heading 30.03 or 30.05 of the Pakistan Customs Tariff Schedule. As short point is involved in this matter, therefore, office is directed to fix the appeal arising out of instant petition in the month of January, 2006. M.B.A./J-11/S Leave granted.