The Federal Constitutional Court of Pakistan (FCCP) has ruled that registered medical practitioners who prescribe or supply medicines to their patients are not automatically exempt from obtaining a licence to sell drugs under the Drugs Act, 1976.
The ruling was issued by a two-member bench comprising Chief Justice Aminuddin Khan and Justice Ali Baqar Najafi while hearing a civil petition filed by the Government of Khyber Pakhtunkhwa against Dr Muhammad Rizwan Rajput and others.
Pharmacy Act and Drugs Act Govern Separate Areas
In its detailed judgment, the court held that the Pharmacy Act, 1967 and the Drugs Act, 1976 regulate separate areas of law.
The court noted that Section 31(4)(a) of the Pharmacy Act protects registered medical practitioners when prescribing or supplying medicines to their own patients. However, it does not provide a blanket exemption from the licensing requirements imposed under the Drugs Act.
Under Section 23(1)(c) of the Drugs Act, the court observed that no person may sell drugs without a valid licence. The legislation contains no general exemption permitting doctors to operate medical stores or other drug-selling businesses without the required authorisation.
Court Distinguishes Patient Supply From Drug Business
The FCCP, however, drew a distinction between a doctor supplying medicines prescribed to his or her own patients and operating a regular medical store or drug-selling business.
According to the judgment, the distinction must be determined on the basis of evidence. Relevant factors may include the quantity and nature of medicines stocked, purchase and supply records, sales details, receipts, prescriptions and other related documents.
The court also held that drug inspectors are legally empowered to conduct inspections, collect medicine samples and seize drugs in accordance with the prescribed procedures.
It found that the record before it did not establish that the concerned drug inspector lacked lawful authority to take action.
Proceedings Against Doctors Restored
The FCCP also examined a June 5, 2023 judgment of the Dera Ismail Khan Bench of the Peshawar High Court, which had interfered with proceedings against the doctors.
The constitutional court stressed that a show-cause notice does not constitute a punishment or a finding of guilt. Instead, it forms part of the legal process through which a person is given an opportunity to present a defence.
The FCCP therefore restored the proceedings while making clear that the doctors remain entitled to produce prescriptions, purchase receipts, stock registers and other relevant records before the competent authorities.
The court said the final determination must be made independently and strictly in accordance with the law.