2002 PLP 462 (CLC)

Writ Petition No. 11968 of 2000, decided on 22nd June, 2000. ‑‑‑‑Ss. 6 & 23‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Constitutional petition‑‑‑Drug sale licence, issuance of‑‑‑Writ of mandamus‑‑‑Application for issuance of drug sale licence filed by the applicant after completing all legal formalities on a prescribed Form and depositing required fee was not entertained in view of ban allegedly imposed by the Government‑‑‑Applicant of such licence in his Constitutional petition had sought direction in the nature of writ of mandamus to direct the functionaries to process his application for the issuance of drug sale licence in accordance with law ‑‑‑Validity‑‑ Provincial Government was authorized under S.6 of Drugs Act, 1976 to regulate sale of drugs in the prescribed manner and could issue such directions to dealers of drugs as it deemed fit‑‑‑Government on the issuance of drug sale licence could impose certain conditions having sanction of law, but was not authorised to impose ban as there was no provision in the Rules authorizing the Government functionary to put such ban‑‑‑Direction was issued to the functionary to dispose of application of petitioner strictly in accordance with law. N.A. Butt for Petitioner. Petitioner through this Constitutional petition has sought direction in the nature of writ of mandamus that the respondent functionary be directed to process his application for the issuance of, drug sale licence in accordance with law. It is the case of the petitioner that he has submitted his application for the issuance of drug 'sale licence after completing all the legal formalities on a prescribed form and has also deposited required amount/fee. The respondent according to the learned counsel has refused to entertain the, application in view of the 'ban allegedly imposed by the Government. In support of his contention, he has placed reliance upon an unreported judgment of my learned brother rendered in Writ Petition No.3848 of 1999 on 16‑3‑1999. I have considered the contentions and have gone through the documents appended with this petition. It is reflected from the perusal thereof that the Provincial Government is authorized to regulate sale of drug in the prescribed manner and thereafter can issue such directions to the importers, manufacturers, stockists, retailers or other dealers of drugs as deem fit. The Provincial Government on the issuance of drug sale licence can impose certain conditions having sanction of law. However, the Government in the circumstances is not authorized either under the law or the Rules to impose blanket ban. This issue was thrashed earlier by a learned Single Judge in the aforesaid judgment. wherein learned Law Officer conceded that there was no provision in the rule authorizing the respondent functionary to put blanket ban. In these circumstances, I dispose of this writ petition with the direction to the respondent functionary to dispose of petitioner's application strictly in accordance with law and rules expeditiously. Writ petition is disposed of in the above terms. Writ petition disposed of. H.B.T./M‑395/L Order accordingly.