PESHAWAR, Sept 1: The Peshawar High Court on Wednesday directed the provincial drug inspector to release a huge stock of life saving drugs seized from a multinational pharmaceutical company a few days ago.

A two-member bench, including Justice Tariq Pervez and Justice Ijazul Hassan, admitted to full hearing a writ petition filed by the firm. Drug Inspector Syed Wilayat Shah had seized drugs of about Rs2.4 million. He stated that under Section 35 of the Drug Rules, the company had to extend 15 per cent discount to the retailer, but it had been extending only 10 per cent discount.

Advocate Qazi Faiz Issa appeared for the petitioner and argued that the drug inspector had overstepped his powers. He argued that the drug inspector was only empowered to seize drugs in cases mentioned in Section 23 of the Drug Act 1976.

Mr Issa argued that it had to be decided by the High Court that whether Section 35 of the Drug Rules, allowing 15 per cent discount to the retailer, was mandatory or it was only a recommendatory provision.

He argued that the inspector had no powers to seize stock on the ground of less discount to the retailer. Answering a query of the bench, he replied that the reduction in discount would not affect the consumer as the maximum price of a drug was fixed by the government and a company could not fix its prices beyond that ceiling.

The petitioner's counsel contended that these drugs were lawfully imported into Pakistan. He stated that violation of Section 35 of the Rules did not amount to the prohibitions mentioned in Section 23 of the Drug Act, therefore the inspector had no authority to seize the drug.

Mr Issa stated that most of the seized drugs were life saving, therefore these drugs were now short in the market. He requested the court to grant interim relief to the petitioner and direct the inspector to release the seized drugs.

Drug Inspector Syed Wilayat Shah stated that it was his duty to check the violation of Section 35 of the Drug Rules. When the bench inquired if he was also empowered to seize medicines under that section, he answered he had the powers.