2002 PLP 3125 (YLR)
PACIFIC PHARMACEUTICALS LTD. ‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN and another‑‑‑Respondents
| Citation | 2002 PLP 3125 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Karamat Nazir Bhandari, J |
| Parties | PACIFIC PHARMACEUTICALS LTD. ‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN and another‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 3125 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 3125 (YLR)?
The case was heard and decided by the Lahore bench comprising: Karamat Nazir Bhandari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 3125 (YLR) (PACIFIC PHARMACEUTICALS LTD. ‑‑‑Petitioner Versus GOVERNMENT OF PAKISTAN and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sheikh Ziaullah for Petitioner.
- Khawaja Saeed‑uz‑Zafar, Dy.A.‑G. for Pakistan for Respondents.
- Date of hearing: 19th April, 2001.
Headnotes / Summary
‑‑‑‑Art. 199‑Constitutional petition‑‑‑Fixing retail price of a product of petitioner without hearing him‑‑‑Retail price of a product of petitioner was fixed by the Authority without hearing the petitioner‑‑‑Right of personal hearing was sacrosanct and it had to be provided to all effected persons before passing order or determining a right‑‑ Petitioner who was likely to be adversely affected, by fixing retail price of his product, was entitled to be heard in the matter, so that he could show and satin the Authority that price so fixed was not profitable far him‑--Notification issued by Authority with regard to fixation of product without affording hearing was declared to be without lawful authority and of no legal effect by High Court, in exercise of its Constitutional jurisdiction.
Judgment & Decree
Sheikh Ziaullah for Petitioner. Khawaja Saeed‑uz‑Zafar, Dy.A.‑G. for Pakistan for Respondents. Date of hearing: 19th April, 2001. Petitioner, a Pharmaceutical Company, calls in question Notification dated 29‑5‑2000 by which the maximum retail price of Deltrahinol Nasal Spray, a product of the petitioner, has been fixed at Rs.20 and consequential letter dated 1‑6‑2000 by which the petitioner has been called upon to revert to the price so fixed and declare the price in the leading English and Urdu Newspapers.
2. It has been urged that the order has been passed without personal hearing of the petitioner and without giving opportunity to explain the breakdown of the price. According to learned counsel, it is not profitable for the petitioner to sell the product at this price.
3. In the report and comments submitted on behalf of all the respondents it is asserted that the price has been fixed keeping view all the relevant circumstances including the reply of the petitioner. However, during the course of hearing learned Deputy Attorney‑General admitted that personal hearing has not been granted but argued that this is not necessary and that more consideration of the reply is enough in law. In further reply learned counsel for the petitioner vehemently urged that the consideration of reply is not sufficient particularly when in this case the petitioner reserved the right to submit further reply on giving of relevant information by the respondents.
4. I have gone through the relevant record and considered the submissions made. Right of personal hearing is sacrosanct and it has to be provided to all the affected persons, before passing an order or determining a right. It cannot be contested that by fixing the price as it is, the petitioner is affected or is likely to be adversely affected. A detailed hearing was necessary so that the petitioner could show and satisfy the Authority that fixation of price at Rs.20 was not profitable.
5. In the circumstances, I accept this Constitutional petition and declare the impugned notification as well as the letter as having been issued without lawful authority and consequently of no legal effect. It is further declared that it will be open to the respondents to re‑fix the price after granting personal hearing to the petitioner and giving the petitioner full opportunity to substantiate its claim. The needful may be done within four weeks, preferably. Parties are left to bear their own costs. Writ issued. H.B.T./P‑100/L Petition accepted.