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IHC retains stay on production of preventive miscarriage drug
By Saad Saud

ISLAMABAD—Islamabad High Court here Thursday retained stay on manufacturing and marketing of a miscarriage prevention drug and adjourned hearing of the case till April 14.
A single bench comprising Justice Syed Qalbe Hassan heard the writ petition filed by Highnoon Pharmaceutical company against a decision of Drug Appellate Board of the Ministry of Health.
Raja Mohammad Akram, counsel for the petitioner, informed the court that a drug Derogest was introduced in the market by Zafa Pharmaceutical company to prevent miscarriage in pregnant women after approval by the Drug Licensing Board.
He said but after two years on various complaints about its ineffectiveness the same Board imposed a ban on manufacturing and marketing of the same drug.
He said that Zafa company took the matter to Drug Appellate Board of the Ministry of Health which lifted the ban and Secretary Ministry of Health issued a directive in this regard.
He argued that under section 2 and 3 of the Drug Appellate Board Act, it was required that all the members of the board should unanimously decide the issue but it was decided by one man.
He contended that secretary was a non-technical person and he was not competent to revoke a ban imposed by Drug Licensing Board without approval of all its seventeen members.
Akram also cited Pio Gul case of 1960 decided by the Supreme Court. Zulfiqar Naqvi advocate and Shamshadullah Advocate, representing the respondents said that Secretary had full authority to pass any order.
They cited various sections of Drug Appellate Board and termed it a professional tussle between the two pharmaceutical companies.
After hearing their arguments, Justice Syed Qalbe Hassan adjourned hearing till Monday by retaining its previous stay on the production of drug.

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