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M/s Abbott Laboratories move SHC, challenge notification bearing SRO 237(I) 2019

M/s Abbott Laboratories move SHC, challenge notification bearing SRO 237(I) 2019

LAHORE: M/s Abbott Laboratories (Pakistan) Limited approached The Sindh High Court (SHC) against detention of its imported consignments comprising various specialized nutritional supplement for old age people (Ensure) for diabetes patients (Glucern) and others alleged under the garb of notification bearing SRO 237(I)2019 dated Feb 19, 2019.
On 11 January , 2020, counsel for the petitioner stated in his petition that petitioner imported various specialized nutritional supplement for old age people (Ensure) for diabetes patients (Glucern) and lactose free, milk free, soy proteins based infant formula specially developed for infants who have cow milk protein allergy and lactose intolerance (Similac Isomil). These products are all registered with the Drug Regulatory Authority of Pakistan under the Alternative Medicines and Health Products (Enlistment) Rules, 2014.
He further submitted that to the shock and surprise of the petitioner, the petitioner received a show cause notice dated Nov 20, 2019, from Additional Collector-I Port Muhammad Bin Qasim, alleging therein that subject consignment contained banned items because they did not allegedly comply with serial no 13(iii) of appendix “B” of the IPO. It is submitted that the SCN is completely illegal and mala fide because the label of Similac Isomil complies with the above mention condition whereas the remaining products are not banned as per the IPO but their import in subject certain restrictions.
He further submits there is a consistent past practice of releasing such consignments, the petitioner sent a detailed reply dated Dec 22, 2019 but no order has been passed by the said respondent.
Counsel said that it is most respectfully and most humbly submitted that being aggrieved inter-alia by SRO 237, the inaction of the respondents to process and approve the petitioner’s application to the Sectary Ministry of Commerce and the failure of the customs officials to release the said consignment and the other subject consignments as being unconstitutional jurisdiction of this court.
Citing secretary Ministry of Commerce, Chairman FBR, the Collector of Customs, Additional Collector-I Port Muhammad Bin Qasim, Additional Collector-II PMBQ as respondents, petitioner pleaded the court to declare that amendments in appendix “B” in the table under part-I, in column (I) against serial 13 the Import Policy Order, 2016, through the notification bearing SRO 237(I)2019 dated Feb 19, 2019 and the afore mentioned notification are ultra vires the constitution, 1973 and are of no legal effect.