Court restores drug inspector’s action

Court restores drug inspector’s action

The Federal Constitutional Court has set aside a Peshawar High Court ruling and restored legal proceedings initiated by a drug inspector against a doctor operating a medical store without the required licence.

The court accepted an appeal filed by the Khyber Pakhtunkhwa government and ruled that the High Court had intervened prematurely at the show-cause notice stage. It observed that authorities should first be allowed to complete the relevant legal process before the matter reaches the courts.

In its detailed judgment, the Federal Constitutional Court clarified that a doctor’s professional registration does not replace the separate licence required to operate a medical store or engage in the commercial sale of medicines. The court noted that doctors cannot legally run a medical store without obtaining the required licence, even if they hold valid professional registration.

However, the court also distinguished between prescribing medicines to patients and commercially selling drugs. It held that a doctor may provide prescribed medicines to their patients, while the relevant authorities must determine, on the basis of evidence, whether medicines were actually supplied to patients as part of their treatment or sold commercially.

The court did not declare the doctors guilty of any violation at this stage. Instead, it maintained their right to respond to the show-cause notice and present their position before the competent authorities.

The judgment effectively restores the drug inspector’s legal proceedings and allows the relevant authorities to examine the matter according to law and available evidence.