DRUGS ACT, 1976
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THE DRUGS ACT, 1976 (XXXI of 1976)
TEXT 1THE DRUGS ACT, 1976 (XXXI of 1976) [18 May 1976] An Act to regulate the import, export, manufacture, storage, distribution and sale of drugs WHEREAS it is expedient to regulate the import, export, manufacture, storage, distribution and sale of drugs; It is hereby enacted as follows:–
CHAPTER I
INTRODUCTORY
Section 1. Short title, extent and commencement
(1) This Act may be called the Drugs Act, 1976.
(2) It extends to the whole of Pakistan.
(3) It shall come in to force at once.
Section 2. Application of other laws not barred
The provisions of this Act, shall be in addition to, and not in derogation of, the Dangerous Drugs Act, 1930 (II of 1930), and any other law for the time being in force.
Section 3. Definitions
In this Act, unless there is anything repugnant in the subject or context,–
(a) "adulterated drug" means a drug–
(i) which consists in whole or in part of any filthy, putrid or decomposed substance or which contains any foreign matter, vermin, worm, rodent or insect; or
(ii) which has been manufactured, packed, or held under unsanitary conditions whereby it 2[has] been contaminated with dirt, filth or any other foreign matter or whereby it may have been rendered injurious to health; or
(iii) the container of which releases any poisonous or deleterious substance which may render the contents injurious to health; or
(iv) which bears or contains as an ingredient a substance other than the prescribed substance; or
1This Act was assented to by the President on 11 May 1976 and published in the Gazette of Pakistan (Extraordinary), on 18 May 1976, pp.299-320. For Statement of Objects and Reasons, see Gaz., of P., 1976, Ext., Pt. III, p. 250.
An offence punishable under the Drugs Act, 1976, will be tried and punished by a Military Court, see Notification No. 57/1(1)1943/AJAG/CMLA/82, dated, see Gaz. of P., Ext., Pt. I, p. 153.
2Substituted for the words “may have” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp. 1984-1989, s.2.
(v) with which any substance has been mixed or packed so as to reduce its quality or strength or for which any substance has been
substituted wholly or in part;
(b) "Appellate Board" means the Board constituted under section 9;
(c) "batch" means a quantity of any drug produced during a given cycle of manufacture;
(d) "batch number" means a designation printed on the label of a drug that identifies the batch and permits the production history of the batch, including all stages of manufacture and control, to be traced and reviewed;
(e) "Central Licensing Board" means a Board set up under section 5;
(f) "counterfeit drug" means a drug the label or outer-packing of which is an imitation of, or resembles or so nearly resembles as to be calculated to deceive, the label or outer-packing of a drug of another manufacturer;
(g) "drug" includes–
(i) any substance or mixture of substances that is manufactured, sold, stored, offered for sale or represented for internal or external use in the treatment, mitigation, prevention or diagnosis of disease, an abnormal physical state, or the symptoms thereof in human beings or animals, or the restoration, correction, or modification of organic functions in human beings or animals, not being a substance exclusively used or prepared for use in accordance with the ayurvedic, unani, homoeopathic or biochemic system of treatment except those substances and in accordance with such conditions as may be prescribed;
(ii) abortive and contraceptive substances, agents and devices, surgical ligatures, sutures, bandages, absorbent cotton, disinfectants, bacteriophages, adhesive plasters, gelatine capsules and antiseptic solutions;
(iii) such substances intended to be used for the destruction or repulsion of such vermin, insects, rodents and other organisms as cause, carry or transmit disease in human beings or animals or for disinfection in residential areas or in premises in which food is manufactured, prepared or kept or stored;
(iv) such pesticides as may cause health hazard to the public;
(v) any substance mentioned as monograph or as a preparation in the Pakistan Pharmacopoeia or the Pakistan National Formulary or the International Pharmacopoeia or the British Pharmacopoeia or the British Pharmaceutical
Codex
or
the
United
States
Pharmacopoeia or the National Formulary of the United States,
whether alone or in combination with any substance exclusively used in the unani, ayurvedic, homoeopathic or biochemic system of treatment, and intended to be used for any of the purposes mentioned in sub-clauses (i), (ii) and (iii); 3[*]
3Omitted for the word “and” by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette
4[(va) Therapeutic goods as defined under clause (xxxvi) of section 2 of the Drug Regulatory Authority of Pakistan Act, 2012 (XXI of 2012); and]
(vi) any other substance which the Federal Government may, by notification in the official Gazette, declare to be a "drug" for the purposes of this Act;
(h) "expiry date" means the date stated on the label of a drug after which the drug is not expected to retain its claimed efficacy, safety, quality or potency or after which it is not permissible to sell the drug;
(i) "expert" means a specialist through university education and experience in the relevant field;
(j) "export", with its grammatical variations and cognate expressions, means to take out of Pakistan by sea, land or air;
(k) "generic name" means the non-proprietary, scientific or official name of a drug as approved by the Federal Government;
(l) "Government Analyst" means a Federal Government Analyst or a Provincial Government Analyst appointed under section 16;
(m) "import", with its grammatical variations and cognate expressions, means to bring into Pakistan by sea, land or air;
(n) "Inspector" means a Federal Inspector or a Provincial Inspector appointed under section 17;
(o) "label" means a display of written, printed or graphic matter upon the immediate container, or the outside container or wrapper of a drug package;
(p) "labelling" means all labels and other written, printed or graphic matter accompanying any drug;
(q) "licensing authority" means such authority as may be prescribed;
(r) "manufacture", in relation to a drug, means all operations involved in the production of the drug, including processing, compounding, formulating, filling, packing, repacking, altering, ornamenting, finishing and labelling with a view to its storage, sale and distribution, but does not include the compounding and dispensing or the packing of any drug in the ordinary course of retail business or on a prescription of a registered medical practitioner or dentist or of a veterinarian and "to
manufacture" shall be construed accordingly;
(s) "misbranded drug" means a drug–
(i) which is not labelled in the prescribed manner; or
(ii) on the label or labelling of which any word, statement, or other matter or information required by the rules to appear on the label or labeling is not prominently placed with such conspicuousness (as compared with other words, statements, designs, or devices
(Extraordinary), dated:18 December 2025, pp. 3279-3280, s.2(a).
4Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18 December 2025, pp. 3279-3280, s.2(b).
on the label or labelling) and in such terms as may render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(iii) which is not labelled with such directions for use and such warnings against use in indications where its use may be dangerous to health, or against unsafe dosage or duration of administration or application, in such manner and form as are necessary for the protection of users or as may be prescribed; or
(iv) the label or container of which, or anything accompanying which, bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular; or
(v) which is so coloured, coated, powdered or polished that damage is concealed, or which is made to appear of better or greater therapeutic value than it really is; or
(vi) which is manufactured according to the specifications of a particular pharmacopoeia or any other document as may be prescribed and the label does not bear the name of that pharmacopoeia or document;
5[(sa) “Notified Drugs Laboratory” means the drug testing laboratory notified by the Provincial Government under subsection (2) of section 15 of the Act;]
(t) "prescribed" means prescribed by rules;
6[(ta) “Provincial Drugs Monitoring Team” means one or more Provincial Drugs Monitoring Team constituted under section 11B of the Act;]
(u) "Provincial Quality Control Board" means a Board set up under section 11;
(v) "Registration Board" means a Board set up under section 7;
(w) "registered drug" means any drug registered under section 7;
(x) "rules" mean rules made under this Act;
(y) "Drug Court" means a court established under section 31;
(z) "specifications" when applied to a drug mean–
(i) such specifications as may be prescribed; or
(ii) when the specifications are not prescribed, the specifications as contained in the most recent edition of any of the following publications, namely:–
(1) the Pakistan Pharmacopoeia;
(2) the International Pharmacopoeia;
5Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.2.
6Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.2.
(3) the European Pharmacopoeia;
(4) the United States Pharmacopoeia;
(5) the British Pharmacopoeia;
(6) the British Pharmaceutical Codex;
(7) the United States National Formulary; and
(8) such other publication as may be prescribed:
Provided that, if the specifications do not appear in the most recent edition of any such publication, the specifications appearing in the next proceeding edition of such publication in which the specifications appear shall apply; or
(iii) if no specifications are either prescribed or contained in any of the publications referred to in sub-clause (ii), the specification approved for the purpose of registration under this Act;
(za) "sell" means sell, offer for sale, expose for sale, have in possession for sale and distribution and "to sell" "sold" or "sale" shall be construed accordingly;
(zb) "spurious drug" means a drug–
(i) which purports to be a drug but does not contain the active ingredient of that drug; or
(ii) which purports to be the product of a manufacturer, place or country of whom or of which it is not truly a product; or
(iii) which is imported or exported or sold or offered or exposed for sale under a particular name while actually it is another drug; or
(iv) the label of which bears the name of an individual or company purporting to be its manufacturer or producer which individual or company is fictitious or does not exist;
(zc) "storage" means storage for sale and "to store" or "stored" shall be construed accordingly; and 7[(zd) “sub-standard drug” means a drug which is not of specifications;
(ze) “professional member” means a person who is qualified for appointment as Inspector or Government Analyst and appointed by the Provincial Government in such manner and on such terms and conditions as may be prescribed.]
CHAPTER II
ADMINISTRATION AND ENFORCEMENT
4. Regulation and prohibition of import, etc., of drugs.– (1) The Federal Government stall regulate tile import and export of drugs in the prescribed manner
7Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.2.
and for that purpose may make such orders and issue such directions to the importers and exporters as it may deem fit.
(2) If in the opinion of the Federal Government the public interest so requires, the Federal Government may, by notification in the official Gazette,–
(a) direct that a drug or a class of drugs specified in the notification, or drugs generally, shall not be imported or exported otherwise than under the authority of a licence issued under this Act or except by an importer or exporter or through an indentor registered in accordance with the rules;
(b) direct that a drug or class of drugs specified in the notification shall not be imported except by an agency of Government so specified; or
(c) prohibit the import or export of any drug or class of drugs specified in the notification. 8[(3) Subject to sub-sections (1) and (2), only such drugs shall be imported which are on sale in the market of any of the western European countries, USA, Japan, Australia or any other country as may be prescribed.]
Section 5. Regulation of manufacture of drugs
(1) The grant of licences to manufacture drugs shall be regulated in accordance with such conditions and procedure as may be prescribed, by a Central Licensing Board to be set up by the
Federal Government and consisting of such representatives of the Federal Government and the Provincial Governments as may be prescribed.
(2) The members of the Central Licensing Board shall exercise such powers, including the powers of an Inspector, as may be prescribed.
(3) The Central Licensing Board shall 9[,with the approval of the Federal Government and by notification in the official Gazette,] make regulations to regulate the conduct of its business.
(4) Any member of the Central Licensing Board may, at any time, by writing under his hand addressed to the Federal Government, resign his office or shall vacate his office if the Federal Government, being of opinion that in the public interest it is necessary so to do, so directs.
(5) Subject to sub-section (4), a member of the Central Licensing Board shall hold office for the prescribed period.
Section 6. Regulation of sale of drugs
The Provincial Governments shall regulate the sale of drugs in the prescribed manner and may for that purpose make such orders, and issue such directions to the importers, manufacturers, stockists, retailers or other dealers of drugs, as they may deem fit.
Section 7. Registration of drugs
(1) The Federal Government shall cause all drugs to be registered in accordance with such conditions and procedure as may be prescribed and for that purpose set up a Registration Board, consisting of such
8Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.3.
9Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.4.
number of persons, possessing such qualifications, as may be prescribed. Explanation.– In this section, "drugs" means drugs which are in the finished form ready for use.
(2) The members of the Registration Board shall exercise such powers, including the powers of an Inspector, as may be prescribed.
(3) The Registration Board shall 10[, with the approval of the Federal Government, and by notification in the official Gazette,] make regulations to regulate the conduct of its business.
(4) Any member of the Registration Board may, at any time, by writing under his hand addressed to the Federal Government, resign his office or shall vacate his office if the Federal Government, being of opinion that in the public interest it is necessary so to do, so directs.
(5) Subject to sub-section (4), the members of the Registration Board shall hold office for the prescribed period.
(6) The Federal Government shall, by notification in the official Gazette, fix the date after which no drug which is not registered shall be allowed to be exported, imported, manufactured, stored, distributed or sold.
(7) A person applying for the registration of a drug shall furnish such information in respect of the drug as may be prescribed, including information relating to its efficacy, safety and quality, or as may be required by the Registration Board for the purpose of the evaluation of the drug.
(8) Single-ingredient drugs shall be registered generally by their generic names while compound drugs shall be registered generally by their proprietary names. Explanation.– In this sub-section,–
(a) "Single-ingredient drugs" means drugs containing one active ingredient;
(b) "compound drugs" means drugs containing more than one active ingredient. 11[(9) The registration of a drug shall be subject to such conditions as may be prescribed.]
(10) Where the Registration Board registers a drug, it shall inform the person applying for its registration and the Provincial Governments of its having done so and of the conditions subject to which it has been registered.
(11) If the Registration Board, on the basis of information received or an inquiry conducted by it, is of opinion that–
(a) the registration of a drug was procured by fraud or misrepresentation; or
(b) the circumstances in which a drug was registered no longer exist; or
(c) there has been a violation of the conditions subject to which a drug was registered; or
10Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.5.
11Substituted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.5.
(d) it is necessary in the public interest so to do; the Registration Board may, after affording to the person on whose application the drug was registered an opportunity of showing cause against the action proposed to be taken, cancel or suspend the registration or specify any further conditions to which the registration shall be subject and inform such person and the Provincial Governments accordingly.
(12) The Provincial Governments shall take all such steps as may be necessary to ensure compliance with the conditions subject to which a drug is registered and to prevent the manufacture or sale of a drug–
(a) which has not been registered; or
(b) the registration of which has been cancelled or stands suspended.
Section 8. Pakistan National Formulary
The Federal Government shall compile and publish in the official Gazette Pakistan National Formulary comprising all drugs allowed to be imported, manufactured or sold and such Formulary may be reviewed and modified from time to time.
Section 9. Appellate Board
(1) The Federal Government shall, in accordance with the rules, constitute an Appellate Board for the disposal of appeals preferred by persons aggrieved by any decision of the Central Licensing Board or the Registration Board or the licensing authority or a Board or Authority to which the powers of the Federal Government under section 12 have been delegated under sub-section (3) of that section and for revision of any such decision on its own motion.
(2) The Appellate Board shall consist of such representatives of the Federal Government and the Provincial Governments, including a Chairman, as the Federal Government may from time to time appoint.
(3) Subject to sub-section (4), the Chairman and other members of the Appellate Board shall hold office for the prescribed period.
(4) The Chairman or any other member of the Appellate Board may, by writing under his hand addressed to the Federal Government, resign his office or shall vacate his office if the Federal Government, being of opinion that in the public interest it is necessary so to do, so directs.
(5) The members of the Appellate Board shall exercise such powers, including the powers of an Inspector, as may be prescribed.
(6) The Appellate Board may appoint experts for the purposes of detailed study of any specific matter before it.
(7) The Appellate Board shall 12[,with the approval of the Federal Government and by notification in the official Gazette,] make regulations to regulate the conduct of its business. 13[(8) The Appellate Board shall meet at least every month and shall decide any appeal preferred to it within sixty days of receipt of appeal unless the Board is
12Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.6.
13Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.6.
prevented from doing so for sufficient cause to be recorded.]
[14] Section 9A. Appeals to the Provincial Appellate Authority
(1) Any person aggrieved by any decision of the licensing authority may prefer appeal to the Provincial Appellate Authority.
(2) The Provincial Government shall constitute a Provincial Appellate Authority for the disposal of appeal preferred under sub-section (1) as may be prescribed.]
Section 10. Expert Committees
(1) The Federal Government may constitute committees of experts on Drugs Evaluation, on Pakistan Pharmacopoeia, on Advertising and on such other matters as may be necessary for the purposes of this
Act.
(2) Each committee constituted under sub-section (1) shall consist of such members as the Federal Government may appoint from time to time and each such member shall hold office during the pleasure of the Federal Government.
Section 11. Provincial Quality Control Board
(1) Each Provincial Government shall set up a Provincial Quality Control Board consisting of such members, including a Chairman, as that Government may appoint from time to time.
(2) The Chairman and other members of the Provincial Quality Control Board shall hold office during the pleasure of the Provincial Government, on such terms and conditions as that Government may determine.
(3) The Provincial Government shall appoint a person to be the Secretary of the Provincial Quality Control Board and provide the Board with such staff as the Provincial Government may consider necessary.
(4) The Provincial Quality Control Board shall 15[, with the approval of the Provincial Government and by notification in the official Gazette,] make regulations to
regulate the conduct of its business.
(5) The following shall be the powers and functions of the Provincial Quality Control Board, namely:–
(a) to inspect any premises where any drug is being, or is to be, manufactured or sold and to recommend to the appropriate authority the cancellation or suspension of the licence to manufacture or sell drugs granted to any person who is found to be contravening, or to have contravened, any of the provisions of this Act, or the rules;
(b) to scrutinize the reports of Provincial Inspectors in respect of contraventions of this Act and reports of Government Analysts in respect of drugs sent to them by Provincial Inspectors for test and analysis and issue instructions to the Inspectors as to the action to be taken on such reports:
Provided that the Provincial Quality Control Board may specify the class
14Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.7.
15Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.8.
of cases in which a Provincial Inspector may make a complaint to the Drug Court, or take any other action, without the specific instructions of the Board;
(c) to exercise all the powers of an Inspector under this Act and the rules;
16[*]
(d) to advise the Provincial Government on ways and means to ensure quality control of drugs manufactured in the Province 17[;] 18[(e) to ascertain the names of such directors, partners and employees of the company, corporation, firm or institution who are prima facie responsible for the commission of any offence under this Act or the rules and allow an Inspector to institute prosecution only against such persons;
(f) to conduct annual validation of all instruments in the provincial drug testing laboratories and to recommend measures to upgrade such laboratories, if required;
(g) identify and accredit on payment of fee other laboratories in the Province with suitable facilities and expertise;
(h) to conduct training programs to update Government Analysts and for improving their knowledge according to latest analytical method and technology;
19[*] 20[(i) to specify, by general or special order, the drugs which may be sent for test and analysis to the Notified Drugs Laboratory for drug testing and analysis; and] 21[(j) to submit a monthly report of the decisions and activities to the Federal Government and the Provincial Government.]
(6) The Provincial Quality Control Board may entrust any of its powers or functions under sub-section (5) to any one or more of its members. 22[(7) The Provincial Quality Control Board may constitute a committee or committees, consisting of the members of the Board and other persons including at least two professional members and delegate to the committee any of its powers and functions under subsection (5) for exercise within the specified area.]
16The word “and” was omitted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.8.
17Substituted for the “full-stop” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.8.
18Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.8.
19Deleted the word “and” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.3.
20Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.3.
21Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.3.
22Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.3.
[23] Section 11A. Conflict of interest
No person who is a member of the Appellate Board, Central Licensing Board, a Provincial Quality Board, the Registration Board or a member of Expert Committee shall be a member of the any other board or committee of which he is a member to avoid any conflict of interest.]
[24] Section 11B. Provincial Drugs Monitoring Teams
(1) The Provincial Government may, by notification, constitute one or more Provincial Drugs Monitoring Team consisting of the Chairperson and members including at least two professional members on such terms and conditions as the Provincial Government may determine.
(2) The Chairperson and members of the Provincial Drugs Monitoring Team shall hold office during the pleasure of the Provincial Government.
(3) The Provincial Drugs Monitoring Team shall, with the approval of the Provincial Government and by notification in the official Gazette, frame regulations to regulate the conduct of its business.
(4) The Provincial Drugs Monitoring Team may–
(a) subject to subsection (5), exercise the powers of an Inspector under this Act;
(b) inspect any premises where any drug is being, or is to be, manufactured or sold and, in addition to any other action under the Act, recommend to the appropriate authority for the cancellation or suspension of the licence to manufacture or sell drugs held by any person who is found to be contravening, or to have contravened, any of the provisions of the Act or the rules;
(c) advise the Provincial Government on ways and means to ensure the provision of quality drugs to the people;
(d) ascertain the names of such directors, partners and employees of the company, corporation, firm or institution who are prima facie responsible for the commission of any offence under the Act or the rules and recommend to the appropriate authority action against such persons;
(e) submit a monthly report of the recommendations and activities to the Provincial Government; and
(f) perform such other functions under the Act or the rules as the Provincial Government may, by notification, assign.
(5) The Provincial Drugs Monitoring Team shall exercise the powers of an Inspector in the presence of at least one professional member.
Section 11C. Independent inspection
(1) Subject to subsection (2), the Provincial Government may, on the recommendations of the Provincial Quality Control Board, engage the services of a consultant or a firm of consultants for independent inspection and evaluation of units for manufacture of drugs, distribution networks or sale-points as the Government may specify.
23Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.9.
24Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.4.
(2) No person shall be engaged as consultant unless he is qualified to be appointed as an Inspector or Government Analyst and is an expert in the relevant field and no firm shall be so engaged unless it has in house capacity for the task and has in its service persons who are qualified to be appointed as Inspectors or Government Analysts and are experts in the relevant field.
(3) The consultant or the firm of consultants shall submit the report to the Provincial Quality Control Board within the specified time and the Board shall take necessary action on the report in accordance with law.
(4) For purposes of inspection and evaluation, the consultant or the experts engaged by the firm of consultants shall have the powers of an Inspector.]
Section 12. Power to fix maximum prices of drugs, etc
(1) The Federal Government may, by notification in the official Gazette,–
(a) fix the maximum price at which any drug specified in the notification is to be sold; and
(b) specify a certain percentage of the profits of manufacturers of drugs which shall be utilised, in accordance with the rules for purposes of research in drugs.
(2) For the purpose of the exercise of its powers under sub-section (1), the Federal Government may require a manufacturer, stockist, importer, exporter, retailer or other dealer in drugs to furnish such relevant information as may be necessary.
(3) The Federal Government may, by notification in the official Gazette, delegate any of its powers under this section to any Board or other authority.
Section 13. Directions to Provincial Governments
The Federal Government may give such directions to a Provincial Government as may appear to the Federal
Government to be necessary for carrying into execution in the Province of any of the provisions of this Act or of any rule or order made thereunder or for maintaining supplies of drugs of standard quality at reasonable prices or for the achievement of uniformity in respect of any matter in different parts of Pakistan.
Section 14. Federal Drug Laboratory and institutes, etc
The Federal Government shall, as soon as may be, establish a Federal Drug Laboratory and may also set up such other institutes and drugs testing and research laboratories for the purposes of this Act as may be prescribed.
[25] Section 15. Provincial Drugs Testing Laboratory
(1) The Provincial Government shall, as soon as may be, set up one or more Provincial Drugs Testing Laboratory for such purposes as may be prescribed.
(2) The Provincial Government may, by notification, engage or authorize a reputed drugs testing laboratory, within the country or abroad, for test and analysis of the drug samples.]
Section 16. Government Analysts
The Federal Government or a Provincial Government may, by notification in the official Gazette, appoint such persons it thinks fit, having the
25Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.5.
prescribed qualifications, to be the Federal Government Analysts or, as the case may be, Provincial Government Analysts, for such areas and in respect of such drugs or classes of drugs as may be specified in the notification:
Provided that no person who has any financial interest in the manufacture, import, export or sale of drugs shall be so appointed:
Provided further that a person serving under the Federal Government or another Provincial Government shall not be so appointed without the previous consent of that Government.
Section 17. Inspectors
The Federal Government or a Provincial Government may, by notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Federal Inspectors or, as the case may be, Provincial Inspectors for the purposes of this Act within such local limits as it may assign to them respectively:
Provided that no person who has any financial interest in the manufacture, import, export or sale of any drug shall be so appointed:
Provided further that a person serving under the Federal Government or another Provincial Government shall not be so appointed without the previous consent of such Government.
Section 18. Powers of Inspectors
(1) Subject to the provisions of section 19 and of any rules made in this behalf, an Inspector may, within the local limits for which he is appointed, and in any other area with the permission of the licensing authority,–
(a) inspect any premises wherein any drug is manufactured, the plant and process of manufacture, the means employed for standardizing and testing the drugs and all relevant records and registers;
(b) inspect any premises wherein any drug is sold or is stocked or exhibited for sale or is distributed, the storage arrangements and all relevant records and registers;
(c) take samples of any drug which is being manufactured, or being sold or is stocked or exhibited for sale or is being distributed;
(d) enter and search, with such assistance, if any, as he considers necessary, any building, vessel or place, in which he has reason to believe that an offence under this Act or any rules has been or is being committed or may continue to be committed;
(e) call any person to be present as witness in the course of search or seizure or in connection with any other matter where the presence of
witnesses is necessary;
(f) seize such drug and all materials used in the manufacture thereof and any other articles, including registers, cash-memos, invoices and bills, which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any rules 26[:]
26Substituted for the “semi-colon” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10.
27[Provided that where the contravention is such which can be remedied, the stocks shall not be seized upon undertaking in writing of the person not to sell drug without remedying the defect, under intimation to the Board concerned;]
(g) require any person to appear before him at any reasonable time and place to give statement, assistance or information relating to or in connection with the investigation of an offence under this Act or the rules:
Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908 (Act V of 1908), shall be applicable to requisitions for attendance under this clause;
(h) lock and seal any factory, laboratory, shop, building, store-house or godown, or a part thereof, where any drug is or is being manufactured, stored, sold or exhibited for sale in contravention of any of the provisions of this Act or the rules;
(i) forbid for a reasonable period, not exceeding 28[two] weeks or such further period, which shall not be more than three months, as the Inspector may, with the approval of the Provincial Quality Control Board, the Central Licensing Board, the Registration Board or the licensing authority, as the case may be, specify, any person in charge of any premises from removing or dispensing of any drug, article or other thing likely to be used in evidence of the commission of an offence under this Act or the rules; and
(j) exercise such other powers as may be necessary for carrying out the purposes of this Act or any rules:
Provided that the powers under clauses (f) to (j) shall be exercisable only by an Inspector specifically authorised in this behalf, by an order in writing, by the Government appointing him, subject to such conditions as may be specified in such order 29[.] 30[* * * * * * * * * * * * ]
(2) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), in so far as they are not inconsistent with the provisions of this Act, shall apply to searches and seizures made under this Act.
Section 19. Procedure for Inspectors
(1) Where an Inspector seizes any drug or any other article under section 18, he shall tender a receipt therefor in the prescribed form.
(2) Where an Inspector takes a sample of a drug for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully
27Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10.
28Substituted for the word “four” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10.
29Substituted for the “colon” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10.
30The second proviso was omitted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10.
absents himself, shall divide the sample into 31[five] portions and effectively seal and suitably mark the game and permit such person to add his own seal, if any, and mark to all or any of the portions so sealed and marked:
Provided that, where the sample is taken from premises whereon the drug is being manufactured, it shall be necessary to divide the sample into three portions only:
Provided further that, where the drug is made up in containers of small volume, instead of dividing a sample as aforesaid, the Inspector may, and if the drug be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three or four, as the case may be, of the said containers after suitably marking the same and, where necessary, sealing them:
Provided further that if the contents of one container are insufficient for the laboratory test and analysis, the Inspector may increase the number of the containers in order to make the sample sufficient for this purpose.
(3) The Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same within seven days as follows– 32[(i) one portion or sample he shall send to the Government Analyst or, if so specified by the Provincial Quality Control Board, to the Board for sending it to the Notified Drugs Laboratory;]
(ii) The second he shall send to the Chairman, Provincial Quality Control Board or the Central Licensing Board or the Registration Board, as the case may be;
33[*]
(iii) the third, where taken, he shall send to the warrantor, if any, named under the proviso to sub-section (3) of section 32 34[; and] 35[(iv) the fourth, where taken, he shall send to the person purporting to be its manufacturer or importer, as the case may be.]
(4) Where an Inspector seizes any drug containing any filthy or putrid substance, vermin, worm, rodent, insect or any foreign matter which is visible to the naked eye, and the sample is such that it cannot or need not be divided, he shall effectively seal and suitably mark the same and permit the person from whom he seizes the drug to add his own seal if any, and mark to it and shall produce the same before the Drug Court or the Central Licensing Board or the Registration Board, as the case may be, before which proceedings are instituted or action is initiated in respect of the drug.
(5) Where an Inspector takes any action under section 18,–
31Substituted for the word “four” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.11.
32Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.6.
33The word “and” was omitted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.11.
34Substituted for the “full-stop” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.11.
35Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.11.
(a) he shall as soon as practicable ascertain whether or not the drug contravenes any of the provisions of this Act and, if it is ascertained that the drug does not so contravene, he shall forthwith revoke the order passed under the said section or, as the case may be, take such action as may be necessary for the return of the stock seized and payment for the samples taken, under intimation to the Board concerned;
(b) if he seizes the stock of the drug, he shall, as soon as may be, inform the Board concerned and take its order as to the custody thereof:
Provided that where a Federal Inspector is not competent to take action under section 30, he shall as soon as may be report the matter and hand over the stock, if any, to the Provincial Inspector for further action under this Act.
(6) The Provincial Inspector on finding any contravention of this Act shall, unless the Board otherwise directs, always refer the case to the Provincial Quality Control Board and seek orders as to the action to be taken in respect of such contravention.
(7) The Federal Inspector on finding any contravention of this Act for which he is authorized shall, unless otherwise directed, always refer the case to the Central Licensing Board or the Registration Board or any other authority as may be specified for the purpose and seek any further orders as to the action to be taken in respect of such contravention.
Section 20. Persons bound to disclose place where drugs are manufactured or kept
Every person for the time being in charge of any premises whereon any drug is being manufactured or is kept for sale or distribution shall, on being required by an Inspector so to do, disclose to the Inspector the place where the drug is being manufactured or is kept, as the case may be.
Section 21. Disclosure of the name of the manufacturer
Every person, not being the manufacturer of a drug or his agent for the distribution thereof, shall, if so required by an Inspector, disclose to him the name, address and other particulars of the manufacturer or other person from whom he acquired the drug.
Section 22. Reports of Government Analysts
(1) The Government Analyst to whom a sample of any drug has been submitted for test and analysis under sub-section (3) of section 19 shall deliver to the Inspector submitting it a signed report in quadruplicate in
the prescribed form and forward one copy thereof to the authority as may be prescribed.
(2) The Government Analyst, as far as may be, shall submit the report referred to in sub-section (1) within sixty days of the receipt by him of the sample of the drug and, if he is not able to do so for reasons beyond his control, shall communicate the reasons to the Inspector in writing and shall endorse its copy to the 36[Central Licensing Board or, as the case may be, the Registration Board or the Provincial Quality Control Board] who shall have the sample tested from the same or any other Government Analyst or a Government Drug Testing Laboratory or any other
36Substituted for the words “Board concerned” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.12.
Laboratory 37[or the Notified Drugs Laboratory] and shall ensure the receipt of results of such test and analysis within a further period as may be prescribed and shall make the test report available to the Inspector for further action.
(3) On receipt of the report, the Inspector shall–
(a) deliver one copy thereof to the person from whom the sample was taken;
(b) forward one copy to the warrantor, if any, named under the proviso to sub-section (3) of section 32;
(c) forward one copy to the 38[Central Licensing Board or, as the case may be, the Registration Board or the Provincial Quality Control Board] for its directions as to the action to be taken on the report; and
(d) retain the fourth copy for use in any prosecution or for any other purpose.
(4) Notwithstanding anything contained in any other law for the time being in force, any document purporting to be a report signed by a Government Analyst 39[or the Notified Drugs Laboratory] shall be admissible as evidence of the facts stated therein without formal proof and such evidence shall be conclusive unless the person from whom the sample was taken or the said warrantor has, within 40[ten days] of the receipt of a copy of the report notified in writing to the Inspector or 41[Provincial Quality Control Board or, as the case may be, the Central Licensing Board or the Registration Board or the Drug Court] before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report.
(5) Where a person has, under sub-section (4), notified his intention of adducing evidence in controversion of a 42[report of Government Analyst or of Notified Drugs Laboratory] 43[Provincial Quality Control Board or, as the case may be, the Central Licensing Board or the Registration Board or the Drug Court] may, of its own motion or in its discretion at the request either of the complainant or the accused, cause the sample of the drug lying with the Board concerned under sub-section (3) of section 19 to be sent for test or analysis to the Federal Drug Laboratory or any other laboratory specified for the purpose by the Federal Government 44[or the Provincial Government] which shall make the test or analysis and report in writing signed by, or
37Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.7.
38Substituted for the words “Board concerned” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.12.
39Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.7.
40Substituted for the words “thirty days” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.7.
41Substituted for the words and commas “the Drug Court or, as the case may be, the Central Licensing Board or the Registration Board” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.12.
42Substituted for the words “Government Analyst’s report” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.7.
43Substituted for the words “the Drug Court or the Board concerned” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.12.
44Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.7.
under the authority of, the person for the time being incharge of the Federal Drug Laboratory, or, as the case may be, such other laboratory, the result thereof and such report shall be conclusive evidence of the facts stated therein.
(6) The cost of a test or analysis made by the Federal Drug Laboratory or other laboratory under sub-section (5) shall be paid by the complainant or accused as the Drug Court or the Board concerned shall direct.
[45] Section 22A. Reports of the Notified Drugs Laboratories
(1) The Notified Drugs Laboratory shall submit its report to the Chairperson of the Provincial Quality Control
Board.
(2) The provisions of section 22 of the Act shall, as far as may be, apply to the report of a Notified Drugs Laboratory.
(3) The Board shall take necessary action on the report in accordance with the Act and the rules.]
CHAPTER III
PROHIBITIONS
Section 23. Import, manufacture and sale of drugs
(1) No person shall himself or by any other person on his behalf–
(a) export, import or manufacture for sale or sell–
(i) any spurious drug;
(ii) any counterfeit drug;
(iii) any misbranded drug;
(iv) any adulterated drug;
(v) any substandard drug;
(vi) any drug after its expiry date;
(vii) any drug which is not registered or is not in accordance with the conditions of registration;
(viii) any drug which, by means of any statement, design or device accompanying it or by any other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other effect, as may be prescribed;
(ix) any drug if it is dangerous to health when used in the dosage or with the frequency, or for the duration specified, recommended or suggested in the labelling thereof; or
(x) any drug in contravention of any of the provisions of this Act or any rule;
(b) manufacture for sale any drug except under, and in accordance with the conditions of, a licence issued under this Act;
(c) sell any drug except under, and in accordance with the conditions of, a
45Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.8.
licence issued under this Act;
(d) import or export any drug the import or export of which is prohibited by or under this Act;
(e) import or export any drug for the import or export of which a licence is required, except under, and in accordance with the conditions of, such licence;
(f) supply an incorrect, incomplete or misleading information, when required to furnish any information under this Act or the rules;
(g) peddle, hawk or offer for sale any drug in a park or public street or on a highway, footpath or public transport or conveyance;
(h) import, manufacture for sale, or sell any substance, or mixture of substances, which is not a drug but is presented in a form or manner which is intended or likely to cause the public to believe it to be a drug;
(i) sell any drug without having a warranty in the prescribed form bearing the name and batch number of the drug issued,–
(i) in the case of a drug manufactured in Pakistan, by the manufacturer holding a valid licence to manufacture drugs and permission to manufacture that drug or by his authorised agent;
(ii) in the case of an imported drug, by the manufacturer or importer of that drug or, if the drug is imported through an indentor by such indentor; and
(j) apply an incorrect batch number to a drug.
(2) Nothing in sub-section (1) shall apply to the manufacture or import subject to prescribed conditions, of small quantities of any drug for the purpose of clinical trial, examination, test, analysis or personal use;
[46] Section 23A. Prohibition on aiding, abetment or association in contravention of the Act
*
* * * * * * * * * * * * *
Section 23B. Prohibition of acquisition and possession of assets derived from contravention of the Act
* * * * * * * * * * * * *
Section 23C. Prohibition on owning, operating premises or machinery for manufacture of drugs, etc
* * * * * * * * * * * * ]
Section 24. Control of advertisement
No person shall himself or by any other person on his behalf advertise, except in accordance with such conditions as may be prescribed,–
(i) any drug;
(ii) any substance used or prepared for use in accordance with the ayurvedic, unani, homoeopathic or biochemic system of treatment or any other substance or mixture of substances as may be prescribed;
46Omitted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 2. They were earlier inserted by the Punjab Drugs (Amendment) Act 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 9.
(iii) any remedy, treatment or offer of a treatment for any disease. Explanation.– In this section, "advertise" means to make any representation by any means whatsoever for the purpose of promoting directly or indirectly the sale or disposal of a drug, a substance or a mixture of substances, a remedy or a treatment except the display of sign boards for a clinic, a dispensary or a hospital or such other institution offering treatment.
Section 25. Control of samplings
No person shall distribute or cause to be distributed any drug as a sample except in accordance with such conditions as may be prescribed.
Section 26. Control of printing of labelling
No person shall print any labelling in respect of any drug which is required to be registered under this Act but is not so registered after the date fixed by the Federal Government under sub-section (6) of section 7 or for a person who does not possess a licence under this Act to manufacture that drug.
CHAPTER IV
OFFENCES, PENALTIES AND PROCEDURE
Section 27. Penalties
47[(1) Whoever himself or by any other person on his behalf: 48[(a) exports, imports, manufactures or sells any spurious drug or adulterated drug which causes death or physical disability or any drug which is not registered;]
(b) manufactures for sale any drug without a licence; 49[(c) * * * * * * * * * * * ]
(d) imports without licence any drug for the import of which a licence is required - shall be punished with imprisonment which may extend to ten years but which shall not be less than three years and with fine which may extend to fifty million rupees but which shall not be less than twenty five million rupees.]
(2) Whoever himself or by any other person on his behalf–
(a) imports, manufactures for sale or sells any counterfeit drug; or
(b) gives to the purchaser a false warranty in respect of any drug sold by him that the drug does not in any way contravene the provisions of section 23 and is not able to prove that, when he gave the warranty, he had good and sufficient reason to believe the same to be true; or
(c) applies or permits to be applied to any drug sold, or stocked or exhibited for sale, by him, whether on the container or a label or in any other manner, a warranty given in respect of any other drug; or
47Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.10.
48Substituted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 3.
49Omitted ibid.
(d) imports, manufactures for sale or sells any drug under a name other than the registered name; or
(e) exports, imports, manufactures for sale or sells any drug with which any substance, which should not actually be its component, has been mixed or packed so as to reduce its quality or strength or for which any such substance has been substituted wholly or in part; shall be punishable with imprisonment for a term which may extend to seven years,
50[or with fine which may extend to one million rupees or with both].
(3) Whoever obstructs an Inspector in the exercise of any power conferred upon him by or under this Act, or disobeys the lawful authority of any Inspector, shall be punishable with imprisonment for a term which may extend to 51[one year 52[or with fine which may extend to fifty thousand rupees or with both] ].
53[(3a) Whoever is responsible for variation in the specification which is physical or chemically ten per cent different from the specification labeled on a drug, shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one hundred thousand rupees or with both.
(3b) Whoever is responsible for variation in the specification which is physically or chemically more than ten per cent but is not more than twenty per cent different from the specification labeled on a drug, shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to four hundred thousand rupees or with both.
(3c) Whoever is responsible for variation in the specification which is physically or chemically more than twenty per cent but is not more than fifty per cent different from the specification labeled on a drug, shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to seven hundred thousand rupees or with both.
(3d) Whoever is responsible for variation in the specification which is physically or chemically more than fifty per cent different from the specification labeled on a drug, shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one million rupees or which is three times the value of the drug taken into custody, whichever is higher, or with both and the manufacturing of the product shall remain suspended till such time that the responsibility for the lapse is fixed and remedial measures, taken.]
54[(4) Subject to the provisions of subsection (1), subsection (2), subsection
50Substituted for the expression “but which shall not be less than two years and with fine which may extend to ten million rupees but which shall not be less than three million rupees” by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 3. It was earlier substituted for the expression “or with fine which may extend to one lakh rupees, or with both” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10.
51Substituted for the expression “one year, or with fine which may extend to ten thousand rupees, or with both” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519- 4525, s.10.
52Substituted for the expression “but which shall not be less than fourteen days and with fine which may extend to one million rupees but which shall not be less than five hundred thousand rupees” by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 3.
53Substituted ibid. They were earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10.
54Substituted ibid. It was earlier substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10.
(3), subsection (3a), subsection (3b), subsection (3c) and subsection (3d), whoever himself or by any other person on his behalf contravenes any of the provisions of the Act or the rules, shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five hundred thousand rupees or with both.] 55[(5) * * * * * * * * * * * ]
[56] Section 27A. False statement
* * * * * * * * * ]
Section 28. Penalty for subsequent offence
(1) Whoever having been convicted of an offence under sub-section (1) of section 27 is 57[convicted for a subsequent] offence under that sub-section shall be punishable with imprisonment for life or with imprisonment which shall not be less than 58[ten years and with fine which may extend to one hundred million rupees but which shall not be less than fifty million rupees].
(2) Whoever having been convicted of an offence under sub-section (2) of section 27 is 59[convicted for a subsequent] offence under that sub-section shall be punishable with imprisonment for a term 60[which may extend to ten years but 61[which shall not to be less than two years and with fine which may extend to one and a half million rupees but which shall not be less than three hundred thousand rupees] ]. 62[(2a) Whoever having been convicted of an offence under subsection (3a), subsection (3b), subsection (3c) and subsection (3d) of section 27, is convicted for a subsequent offence under any of those subsections shall, if the drug is not recalled as prescribed by the Provincial Government, be punishable with imprisonment for a term which shall extend to seven years but which shall not be less than two years and with fine which may extend to one and a half million rupees but which shall not be less than five times the value of the drug taken into custody.]
(3) Whoever having been convicted of an offence under sub-section (4) of section 27 is 63[convicted for a subsequent] offence under that sub-section shall be
55Omitted ibid. It was earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10.
56Omitted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 4. It was earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 11.
57Substituted for the words “again convicted of an” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.14.
58Substituted for the expression “five years and with fine which may extend to two lakh rupees” by the Punjab Drugs
(Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.12.
59Substituted for the words “again convicted of an” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.14.
60Substituted for the expression “which shall not to be less than two years or more than ten years, or with fine which may extend to two lakh rupees, or with both” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.12.
61Substituted for the expression “which shall not be less than five years and with fine which may extend to seventy million rupees but which shall not be less than thirty million rupees” by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 5.
62Substituted ibid. It was earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 12.
63Substituted for the words “again convicted of an” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.14.
punishable with imprisonment for a term which may extend to 64[ seven years but which shall not be less than thirty days and with fine which may extend to one million rupees but which shall not be less than three hundred thousand rupees].
[65] Section 28A. Recall of drugs
A person charged with the commission of an offence under subsection (3) of section 28, shall be deemed to have committed no offence when the drug which is subject of that offence, has not caused any death or physical disability and is recalled as prescribed by the Provincial Government.]
Section 29. Forfeiture
(1) Where any person has been convicted under this Act, for contravening any such provisions of this Act or any rule as may be prescribed in this behalf, the Drug Court may order that the stock of drug or substance by means of or in relation to which the offence was committed or anything of a similar nature belonging to or in the possession of the accused or found with such drug or substance, and if such contravention is punishable under sub-section (1) of section 27, any implements used in manufacture or sale of such drug and any receptacles, packages or coverings in which such drug is contained and the animals, vehicles, vessels or other conveyances, used in carrying such drug, be forfeited to the Federal Government or, as the case may be, the Provincial Government and, upon such order being made, such drug, substance, implements, receptacles, packages or coverings, animals, vehicles, vessels or conveyances may be disposed of as that Government may direct.
(2) Without prejudice to the provisions of sub-section (1), where the Drug Court is satisfied, on the application of an Inspector or otherwise, and after such inquiry as may be necessary, that a drug contravenes the provisions of this Act, the Drug Court may order that such drug be forfeited to the Federal Government or, as the case may be, the Provincial Government and, upon such order being made, such drug may be destroyed or otherwise disposed of as that Government may direct.
(3) An Inspector shall release any drug or article seized by him under this Act when he is satisfied that all the provisions of this Act and the rules with respect thereto have been complied with.
Section 30. Cognizance of offences
(1) Subject to the provisions of section 19, no prosecution shall be instituted under this Chapter except–
(a) by a Federal Inspector, where the prosecution is in respect of a contravention of clause (h) of sub-section (1) of section 23 or section 24 or any of the provisions of this Act or the rules relating to the import or export of drugs or the manufacture for sale, or sale, of a drug which is not for the time being registered or for the manufacture for sale of which a licence is not for the time being in force; or
(b) by a Provincial Inspector:
Provided that, where the public interest so requires, the Federal Inspector
64Substituted for the expression “ten years but which shall not be less than ninety days and with fine which may extend to ten million rupees but which shall not be less than one million rupees” by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 5. It was earlier substituted for the expression “seven years, or with fine which may extend to one lakh rupees or with both” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 12.
65Inserted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 6.
may, with the prior permission of the Federal Government institute a prosecution for a contravention of any other provision of this Act. 66[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898):
(a) an offence punishable under subsection (1) of section 27 shall be cognizable and non-bailable;
67[(b) * * * * * * * * * * * ]
(c) all offences under the Act shall be non-bailable.
(2a) No court other than a Drug Court established under the Act shall try an offence punishable under the Act.]
(3) Nothing contained in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence punishable under this Chapter or to require the transfer to a Drug Court of any case which may be pending in any Court immediately before the establishment of the Drug Court.
Section 31. Drug Courts
(1) The 68[Provincial Government] may, by notification in the official Gazette, establish as many Drug Courts as it considers necessary and, where it establishes more than one Drug Court, shall specify in the notification the territorial limits within which, or the class of cases in respect of which, each one of them shall exercise jurisdiction under this Act. 69[ 70[(2) A Drug Court shall consist of:
(a) a Chairperson who is or has been a District and Sessions Judge or Additional District and Sessions Judge to be appointed, in consultation with the Chief Justice, Lahore High Court, for a period of three years, by the Provincial Government on such terms and conditions as it may determine; and]
(b) two members, each from the field of pharmaceutical and medical with fifteen years’ experience in such field, to be appointed, for a period of three years, by the Provincial Government on such terms and conditions as it may determine.
(2a) The Chairperson and one of the members shall constitute the quorum of a Drug Court for deciding the matters, other than final hearing and decision of the case, under the Act.]
66Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.13.
67Omitted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 7.
68Substituted for the words “Federal Government” by the Punjab Drugs (Amendment) Act 2016 (XXXIII of 2016), published in the Punjab Gazette (Extraordinary), dated: 31 May 2015, p. 5559, s. 2.
69 Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.14.
70Substituted by The Drugs (Amendment) Act, 2025 (XXXIV of 2025), published in the Punjab Gazette (Extraordinary), dated: 30 May 2025, p.4763, s.2.
71[Provided that for deciding applications of bail the Chairman and any one member shall constitute full quorum of a Drug Court.] 72[Provided that the Chairman and one of the members shall constitute quorum of a Drug Court for purposes of deciding all the matters under the Act other than the final hearing and decision of a case.]
(3) A Drug Court shall sit at such place or places as the 73[Provincial Government] may direct.
(4) A Drug Court shall have all the powers conferred by the Code of Criminal Procedure, 1898 (Act V of 1898), on a Court of Session exercising original jurisdiction.
(5) A Drug Court shall not, merely by reason of a change in its composition, be bound to recall and rehear any witness who has given evidence, and may act on the evidence already recorded by or produced before it.
(6) A Drug Court shall, in all matters with respect to which no procedure has been prescribed by this Act, follow the procedure prescribed by the Code of Criminal Procedure, 1898 (Act V of 1898), for the trial of summons cases by Magistrates. 74[(7) * * * * * * * * * * * ]
75[(8) * * * * * * * * * * * ]
[76] Section 31A. Appeal
(1) The Provincial Government or the person sentenced by a Drug Court may, within sixty days, file an appeal against the final order of the Drug Court to Lahore High Court and the appeal shall be heard by a Bench of that Court consisting of not less than two Judges.
(2) The Drug Court shall, as soon as possible, supply copies of the final order to the parties free of cost.
(3) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of
1908) shall be applicable to an appeal under this section.]
Section 32. Pleas
(1) Save as hereafter provided in this section, it shall be no defence in a prosecution under this Act to prove merely that the accused was ignorant of the nature, substance or quality of the drug in respect of which the offence has been committed or of the circumstances of its manufacture or import, or that a purchaser, having brought only for the purpose of test or analysis, has not been prejudiced by the
71 Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated: 15 November 2002, pp 1984-1989, s.15.
72Added by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 8.
73Substituted for the words “Federal Government” by the Punjab Drugs (Amendment) Act 2016 (XXXIII of 2016), published in the Punjab Gazette (Extraordinary), dated: 31 May 2015, p. 5559, s. 2.
74Omitted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.14.
75Omitted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.14.
76Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.15.
sale.
(2) A drug shall not be deemed to be misbranded or adulterated or substandard only by reason of the fact that there has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or preparation of the drug fit for carriage or consumption and not to increase the bulk, weight or measure of the drug or to conceal its inferior quality or other defect or there is a decomposed substance which is the result of a natural process of decomposition:
Provided that such decomposition is not due to any negligence on the part of the manufacturer of the drug or the dealer thereof and that it does not render the drug injurious to health or does not make it substandard.
(3) A person, not being the manufacturer of a drug or his agent for the distribution thereof, shall not be liable for a contravention of section 23 if he proves–
(a) that he did not know, and could not with reasonable diligence have ascertained, that the drug in any way contravened the prevision of this Act and that the drug while in his possession remained in the same state as when, he acquired it; and
(b) that he acquired the drug from a duly licensed manufacturer or his authorised agent or an importer or an indentor resident in Pakistan under a written warranty in the prescribed form stating, in particular, the batch number of the drug and signed by such person that the drug does not in any way contravene the provisions of section 23 and that the drug while in his possession was properly stored and remained in the same state as when he acquired it and that the drug has been manufactured by a manufacturer holding a valid licence to manufacture drugs and permission to manufacture that drug:
Provided that a defence under clause (b) shall be open to a person only–
(i) if he has, within seven days of the service on him of the summons, sent to the Inspector a copy of the warranty with a written notice stating that he intends to rely upon it and giving the name and address of the warrantor, and
(ii) if he proves that he has, within the same period, sent written notice of such intention to the said warrantor.
Section 33. Application of law relating to customs and powers of officers of customs
(1) The law for the time being in force relating to customs and to goods the import of which is prohibited by or under the Customs Act, 1969 (IV of 1969), shall, subject to the provisions of section 27 of this Act, apply in respect of drugs the import of which is prohibited under this Act, and officers of customs and officers to whom any of the functions of an officer of customs have been entrusted under the said Act shall have the same powers in respect of such drugs as they have for the time being in respect of such goods as aforesaid.
(2) Without prejudice to the provisions of sub-section (1), an officer of customs or a Federal Inspector or any other person as may be authorised by the Federal Government in this behalf may detain any imported package which he suspects to contain any drug the import of which is prohibited under this Act, and shall forthwith report such detention to the licensing authority and, if required by it,
forward the package or samples of any suspected drug found therein to a laboratory specified by it.
Section 34. Offences by companies, etc
Where the person guilty of an offence under this Act, is a company, corporation, firm or institution, every director, partner and employee of the company, corporation, firm or institution 77[with whose knowledge or consent the offence was committed shall be guilty of the offence].
Section 35. Publication of offender's name
(1) If any person is convicted of an offence under this Act, it shall be lawful for the Drug Court to cause the offender's name, place of residence, the offence of which he has been convicted and the penalty which has been inflicted upon him, to be published at the expense of such person in such newspapers or in such other manner as the Court may direct.
(2) The expenses of such publication shall be recoverable in the same manner as a fine is recoverable.
Section 36. Powers to exempt
Notwithstanding anything contained in this Act, the Federal Government may, if it is of opinion that the public interest so requires at any time, of its own motion or on a representation made to it, by notification in the official Gazette, exempt any drug or class of drugs from the operation of any of the provisions of this Act, subject to such conditions, if any, and for such period, as may be specified in the notification.
Section 37. Inspectors to be public servants
Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860), and shall be officially subordinate to such authority as the Government appointing him may specify in this behalf.
Section 38. Indemnity
Except as otherwise expressly provided in this Act, no suit, prosecution or other legal proceeding shall lie against Government or any other authority or person for anything which is in good faith done or intended to be done under this Act or any rule.
Section 39. Finality of orders, etc
Save as otherwise expressly provided in this Act, every order passed or decision given by any Board, a Drug Court or any other authority under this Act shall be final and shall not be called in question by or before any Court or other authority.
Section 40. Publication of result of test or analysis, etc
(1) It shall be lawful for the Federal Government to publish, in such manner as it may deem fit, the result of any test or analysis of any drug for public information and to pass such orders relating to the withdrawal of such drug from sale and its disposal as it may consider necessary.
(2) The Federal Government may, if it considers it necessary in the public interest so to do, publish for public information, in such manner as it may deem fit, any information relating to a drug or to the use of a drug in specified circumstances.
Section 41. Cancellation or suspension of licences
Where any person has been
77Substituted for the words and commas “shall, unless he proves that the offence was committed without his knowledge and consent, be guilty of the offence” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.16.
found to have contravened any of the provisions of this Act, or the rules in respect of any drug and the contravention is of such a nature that the import, export, manufacture or sale of any drug by such person is, in the opinion of the licensing authority or the Central Licensing Board, likely to endanger public health, that authority may, after giving such person an opportunity of being heard, cancel the licence to import, export, manufacture or sell drugs issued to such person or suspend such licence for a specified period.
[78] Section 41A. Suspension of license by Provincial Quality Control Board
(1) Notwithstanding anything in section 41, the Provincial Quality Control Board may, subject to the conditions mentioned in that section, and after affording an opportunity of hearing to the manufacturer and recording detailed reasons including the grounds of suspension, suspend the manufacturing license of a manufacturer within the Punjab for such period not exceeding 79[fifteen] days as the Board may determine and shall, as soon as may be, report the matter to the Central Licensing Board for such action as the Board may deem appropriate.
(2) A copy of the order under subsection (1) shall immediately be supplied to the manufacturer, requiring him to take appropriate remedial measures.
(3) The manufacturer shall take remedial measures and shall request the Provincial Quality Control Board for an immediate inspection of the unit, and the Board shall promptly arrange an inspection.
(4) If the Board is satisfied that the grounds leading to the suspension of the licence have been remedied, it shall restore the licence of the manufacturer and report the matter to the Central Licensing Board but if the Board is not so satisfied, it may require the manufacturer to take the remaining remedial measures.
(5) Notwithstanding anything in subsection (3) or subsection (4), the Board shall arrange inspection of the Unit for manufacture of drugs at five days prior to the expiry of the period of suspension and if it is of the view that sufficient remedial steps have not been taken, the Board may, from time to time and after recording reasons, extend the period of suspension up to the maximum period of ninety days in all.
(6) If the manufacturer does not take effective remedial steps during the period or extended period of suspension of the licence, the Board shall refer the matter to the Central Licensing Board for immediate cancellation of the manufacturing licence.
(7) Any manufacturer aggrieved by the order of suspension may, within seven days from the receipt of the order, prefer an appeal to the appellate authority as notified by the Government and the appellate authority shall dispose of the appeal maximum within seven days.]
Section 42. Cancellation or suspension of registration of registered drugs
Where any person has been found to have contravened any of the provisions of this Act, or the rules in respect of any registered drug, the Registration Board may, after giving such person an opportunity of being heard, cancel the registration of such drug or suspend such registration for a specified period.
78Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.16.
79Substituted for the word “thirty” by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 9.
CHAPTER V
MISCELLANEOUS
Section 43. Power of Federal Government to make rules
(1) Subject to section 44, the Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, such rules may–
(a) prescribe the functions of the Federal Drug Laboratory and any other laboratory set up under section 14 or specified under section 22 or section 33 and the procedure for the submission to any such laboratory of samples of drugs for analysis or test, the forms of the laboratory's reports thereon and the fees payable in respect of such reports; and such other matters as may be necessary for any such laboratory to perform its functions;
(b) prescribe specifications, including the strength, potency, purity, quality or other property, of any drug, and the methods of test or analysis to be employed in determining whether a drug is of required specifications;
(c) prescribe the maximum proportion of any poisonous or other substance which may be added to or contained in any drug, or extracted or omitted therefrom; prohibit the import, manufacture, sale or stocking or exhibition for sale or distribution of any drug in which that proportion is exceeded and specify substances which shall be deemed to be poisonous;
(d) specify the drugs or classes of drugs for the import or export of which a licence is required, the testing of such drugs, and prescribe the form and conditions of such licences, the authority empowered to issue the same, and the fees payable therefor;
(e) prescribe the places at which any specific drug or drugs may be imported prohibit their import at any other place, and control their import through any specified agency;
(f) prescribe the evidence to be supplied, whether by accompanying documents or otherwise, of the quality of drugs sought to be imported, the procedure of officers, of customs in dealing with such evidence and the manner of storage at places of import of drugs detained pending admission;
(g) prescribe the forms of licences for the manufacture for sale of drugs or any specified drugs or class of drugs, the form of application for such licences, the conditions subject to which such licence may be issued, the person under whose signature the same be issued and the fees payable therefor;
(h) require the date of manufacture and the date of expiry of potency to be clearly and truly stated on the label and container of any specified drug or class of drugs and prohibit the sale, stocking or exhibition for sale or distribution of the said drug or class of drugs after the expiry of a specified period from the date of manufacture or after the expiry date
and prescribe the manner of disposal of such drug or class of drugs;
(i) prescribe the conditions to be observed in the packing in bottle, packages and other containers of drugs and prohibit the sale, stocking or exhibition for sale or distribution of drugs packed in contravention of such conditions;
(j) regulate the mode of packing and packaging, including its size, dimensions, fill and other specifications, the material used therefore and mode of labelling packed drugs and prescribe the matters which shall or shall not be included in such lebels or on the leaflets accompanying the drugs;
(k) require that the non-proprietary or chemical or accepted scientific name or the proprietary name of any specified drug or any ingredient thereof shall be displayed in the prescribed manner;
(l) prescribe the requirements and conditions in respect of good practices in the manufacture and quality control of drugs;
(m) prescribe conditions for distribution of samples for sales promotion of drugs;
(n) prescribe the procedure for introduction in Pakistan of a new drug;
(o) prescribe terms and conditions of members of the Central Licensing Board and the Registration Board;
(p) prescribe types of registration of drugs, the form of application for such registration, the conditions subject to which such registration may be granted, the manner of registration and post-registration surveillance and deregistration of registered drugs and the fees payable therefor;
(q) prescribe conditions for registration of indentors, importers, wholesalers and distributors within Pakistan and any establishment within any foreign country engaged in the manufacture for export of a drug and prescribe conditions providing effective and adequate means, by arrangement with the Government of such foreign country or otherwise, to enable the licensing authority or the Registration Board to determine from time to time whether drugs manufactured in such establishment, if imported or offered for import into Pakistan, shall be refused admission where the public interest so requires;
(r) prescribe the form of warranty for manufactured drugs;
(s) specify offences in relation to which the stock of drugs, articles or things shall be liable to forfeiture under this Act;
(t) prescribe the qualifications, and regulate the procedure for exercise of powers and performance of functions, of Federal Inspectors;
(u) prescribe the laboratories to which the Federal Inspectors shall submit samples of drugs taken for the purpose of test and analysis and the form and procedure for submitting the report of such test and analysis and the fee payable therefor, where so required;
(v) prescribe measures for securing and maintaining supplies of drugs at reasonable prices, conditions to be met in respect of manufacture,
production, pricing, keeping, movement and disposal of drugs and to fix prices, commissions, discount of the manufacturer, wholesaler, distributor, retailer or any other dealer of drugs, to control giving of bonus in cash or kind or in any other manner to any of the said parties and for collecting or calling for any information, statistics, records or books with a view to regulating the matters aforesaid;
(w) specify drugs which may be advertised and the conditions subject to which such drugs may be advertised;
(x) prescribe conditions subject to which small quantities of drugs may be imported or manufactured or exported for the purpose of examination, test or analysis, clinical trial or personal use; and
(y) prescribe any other matter which is to be, or may be, prescribed by the Federal Government.
(3) The power to make rules conferred by this section shall, except on the first occasion of the exercise thereof, be subject to the condition of previous publication.
[80] Section 43A. Power to delegate
(1) The Provincial Government may, subject to such conditions as it may determine, delegate any of its functions to the Provincial Quality Control Board or to any other person or authority.
(2) The Provincial Quality Control Board may, subject to such conditions as it may determine, delegate any of its functions and powers under this Act or the rules to the Monitoring Committee or any other person or authority.]
Section 44. Power of the Provincial Government to make rules
(1) The Provincial Government may by notification in the official Gazette, make rules in respect of the following matters, namely–
(a) the establishment of laboratories for testing and analyzing drugs 81[and Therapeutic goods];
(b) the qualifications and the procedure, for exercise of powers and performance of functions of Provincial Inspectors;
(c) the forms of reports to be given by Government Analysts and the manner of application for test or analysis and the fees payable therefor;
(d) the conditions to regulate sale or storage or distribution of drugs 82[and Therapeutic goods] or any specific drug or class of drugs;
(e) the offences against this Act or any rule in relation to which the stock of drugs 83[and Therapeutic goods] shall be liable to confiscation and destruction under this Act;
80Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.17.
81Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18 December 2025, pp. 3279-3280, s.3(a).
82Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18 December 2025, pp. 3279-3280, s.3(b).
83Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18 December 2025, pp. 3279-3280, s.3(c).
(f) the forms of licences for the sale or distribution of drugs 84[and Therapeutic goods] or any specified drug or class of drugs, the authority empowered to issue the same, the form of applications for such licences, the fees payable therefor and the conditions subject to which such licences may be issued;
(g) the procedure to be followed by the Provincial Quality Control Board; and
(h) any other matter which is to be or may be, prescribed by the Provincial Government.
(2) The power to make rules conferred by this section shall, except on the first occasion of the exercise thereof, be subject to the condition of previous publication.
Section 45. Repeal and Savings
(1) The Drugs Act, 1940 (XXIII of 1940), the Drugs (Generic Names) Act, 1972 (XXIV of 1972), and the Drugs Ordinance, 1976 (IV of 1976), are hereby repealed.
(2) Notwithstanding the repeal of the Drugs Act, 1940 (XXIII of 1940), by sub-section (1),–
(a) Any licence to manufacture for sale issued thereunder to any person, for the revalidation of which an application has already been made to the Central Licensing Board within the date specified by the Federal Government shall continue to be valid until orders are passed by the said Board in this behalf.
(b) Any licence for import or export or sale of drugs issued thereunder to any person, shall, unless it expires earlier under the terms thereof, continue to be valid for such periods as the Federal Government, or as the case may be the Provincial Government may by notification in the official Gazette, specify in this behalf:
Provided that in case of drugs to be imported or exported licences may continue to be issued under the rules framed under the Drugs Act, 1940, till the rules under this Act are framed or as the case may be, a date is fixed under sub- section (6) of section 7 in respect of drugs in the finished form ready for use.
84Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18 December 2025, pp. 3279-3280, s.3(d).
Print contents from the source
CONTENTS CHAPTER I INTRODUCTORY 1. Short title, extent and commencement 2. Application of other laws not barred 3. Definitions CHAPTER II ADMINISTRATION AND ENFORCEMENT 4. Regulation and prohibition of import, etc., of drugs 5. Regulation of manufacture of drugs 6. Regulation of sale of drugs 7. Registration of drugs 8. Pakistan National Formulary 9. Appellate Board 9A. Appeals to the Provincial Appellate Authority 10. Expert Committees 11. Provincial Quality Control Board 11A. Conflict of interest 11B. Provincial Drugs Monitoring Teams 11C. Independent inspection 12. Power to fix maximum prices of drugs, etc 13. Directions to Provincial Governments 14. Federal Drug Laboratory and institutes, etc 15. Provincial Drugs Testing Laboratory 16. Government Analysts 17. Inspector 18. Powers of Inspectors 19. Procedure for Inspectors 20. Persons bound to disclose place where drugs a r e manufactured or kept 21. Disclosure of the name of the manufacturer 22. Reports of Government Analysts 22A. Reports of the Notified Drugs Laboratories CHAPTER III PROHITIONS 23. Import, manufacture and sale of drugs 23A. Omitted 23B. Omitted 23C. Omitted 24. Control of advertisement 25. Control of samplings 26. Control of printing of labeling CHAPTER IV OFFENCES, PENALTIES AND PROCEDURE 27. Penalties 27A. Omitted 28. Penalty for subsequent offence 28A. Recall of drugs 29. Forfeiture 30. Cognizance of offences 31. Drug Courts 31A. Appeal 32. Pleas 33. Application of law relating to customs and powers of officers of customs 34. Offences by companies, etc 35. Publication of offender's name 36. Powers to exempt 37. Inspectors to be public servants 38. Indemnity 39. Finality of orders, etc. 40. Publication of result of test or analysis, etc 41. Cancellation or suspension of licences 41A. Suspension of license by Provincial Quality Control Board 42. Cancellation or suspension of registration of registered drugs CHAPTER V MISCELLANEOUS 43. Power of Federal Government to make rules 43A. Power to delegate 44. Power of the Provincial Government to make rules 45. Repeal and Savings
Compare the original stored transcription
Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 85d00a2899de0131da146aa4e464dc3cdb83e75e469246039c2610b3d8c4c405.
THE DRUGS ACT, 1976
(XXXI of 1976)
CONTENTS
CHAPTER I
INTRODUCTORY
1. Short title, extent and commencement
2. Application of other laws not barred
3. Definitions
CHAPTER II
ADMINISTRATION AND ENFORCEMENT
4. Regulation and prohibition of import, etc., of drugs
5. Regulation of manufacture of drugs
6. Regulation of sale of drugs
7. Registration of drugs
8. Pakistan National Formulary
9. Appellate Board
9A. Appeals to the Provincial Appellate Authority
10. Expert Committees
11. Provincial Quality Control Board
11A. Conflict of interest
11B. Provincial Drugs Monitoring Teams
11C. Independent inspection
12. Power to fix maximum prices of drugs, etc
13. Directions to Provincial Governments
14. Federal Drug Laboratory and institutes, etc
15. Provincial Drugs Testing Laboratory
16. Government Analysts
17. Inspector
18. Powers of Inspectors
19. Procedure for Inspectors
20. Persons bound to disclose place where drugs a r e manufactured or
kept
21. Disclosure of the name of the manufacturer
22. Reports of Government Analysts
22A. Reports of the Notified Drugs Laboratories
CHAPTER III
PROHITIONS
23. Import, manufacture and sale of drugs
23A. Omitted
23B. Omitted
23C. Omitted
24. Control of advertisement
25. Control of samplings
26. Control of printing of labeling
CHAPTER IV
OFFENCES, PENALTIES AND PROCEDURE
27. Penalties
27A. Omitted
28. Penalty for subsequent offence
28A. Recall of drugs
29. Forfeiture
30. Cognizance of offences
31. Drug Courts
31A. Appeal
32. Pleas
33. Application of law relating to customs and powers of officers of customs
34. Offences by companies, etc
35. Publication of offender's name
36. Powers to exempt
37. Inspectors to be public servants
38. Indemnity
39. Finality of orders, etc.
40. Publication of result of test or analysis, etc
41. Cancellation or suspension of licences
41A. Suspension of license by Provincial Quality Control Board
42. Cancellation or suspension of registration of registered drugs
CHAPTER V
MISCELLANEOUS
43. Power of Federal Government to make rules
43A. Power to delegate
44. Power of the Provincial Government to make rules
45. Repeal and Savings
TEXT
1
THE DRUGS ACT, 1976
(XXXI of 1976)
[18 May 1976]
An
Act
to regulate the import, export, manufacture, storage, distribution and sale of drugs
WHEREAS it is expedient to regulate the import, export, m anufacture,
storage, distribution and sale of drugs;
It is hereby enacted as follows:–
CHAPTER I
INTRODUCTORY
1. Short title, extent and commencement.– (1) This Act may be called the
Drugs Act, 1976.
(2) It extends to the whole of Pakistan.
(3) It shall come in to force at once.
2. Application of other laws not barred.– The provisions of this Act, shall be in
addition to, and not in derogation of, the Dangerous Drugs Act, 1930 (II of 1930), and
any other law for the time being in force.
3. Definitions.– In
this
Act,
unless
there
is
anything repugnant in
the
subject or
context,–
(a) "adulterated drug" means a drug–
(i) which consists in whole or in part of any filthy, putrid or
decomposed subst ance or which contains any foreign matter,
vermin, worm, rodent or insect; or
(ii) which
has
been
manufactured,
packed,
or
held
under
unsanitary
conditions whereby it
2
[has] been contaminated with dirt, filth or
any other foreign matter or whereby it may have been rendered
injurious to health; or
(iii) the container of which releases any poisonous or deleterious
substance which may render the contents injurious to health; or
(iv) which bears or contains as an ingredient a substance other than
the prescribed substance; or
1This Act was assented to by the President on 11 May 1976 and published in the Gazette of Pakistan (Extraordinary), on 18 May
1976, pp.299-320. For Statement of Objects and Reasons, see Gaz., of P., 1976, Ext., Pt. III, p. 250.
An offence punishable under the Drugs Act, 1976, will be tried and punished by a Military Court, see Notification No.
57/1(1)1943/AJAG/CMLA/82, dated, see Gaz. of P., Ext., Pt. I, p. 153.
2Substituted for the words “may have” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette
of Pakistan (Extraordinary), dated:15 November 2002, pp. 1984-1989, s.2.
(v) with which any subst ance has been mixed or packed so as to
reduce its quality
or
strength
or
for
which
any
substance
has
been
substituted wholly or in part;
(b) "Appellate Board" means the Board constituted under section 9;
(c) "batch" means a quantity of any drug produced during a given cycle of
manufacture;
(d) "batch
number"
means
a
designation
printed
on
the
label
of
a
drug
that
identifies the batch and permits the production history of the batch,
including all stages of m anufacture and control, to be traced and
reviewed;
(e) "Central Licensing Board" means a Board set up under section 5;
(f) "counterfeit drug" means a drug the label or outer-packing of which
is an imitation
of,
or
resembles
or
so
nearly
resembles
as
to
be
calculated
to
deceive, the label or outer-packing of a drug of another manufacturer;
(g) "drug" includes–
(i) any subst ance or
mixture of subst ances that is m anufactured,
sold, sto red, offered for sale or represented for internal or
external use in the t reatment, mitigation, prevention or diagnosis
of disease, an abnormal physical state, or the symptoms thereof
in human beings or animals, or the restoration, correction, or
modification of organic functions in human beings or animals, not
being a substance exclusively used or prepared for use in
accordance with the ayurvedic, unani, homoeopathic or
biochemic system of t reatment except those substances and in
accordance with such conditions as may be prescribed;
(ii) abortive and contraceptive subst ances, agents and d evices,
surgical li gatures, sutu res, bandages, absorbent cotton,
disinfectants, b acteriophages, adhesive pl asters, gelatine
capsules and antiseptic solutions;
(iii) such substances intended to be us ed for the d estruction or
repulsion of su ch vermin, insects, rodents and other organisms
as cause, carry or t ransmit disease in human beings or animals
or for disinfection in residential areas or in premises in which food
is manufactured, prepared or kept or stored;
(iv) such pesticides as may cause health hazard to the public;
(v) any substance
mentioned
as
monograph or
as
a
preparation
in
the
Pakistan Pharmacopoeia or the Pakistan National Formulary or
the International Pharmacopoeia or the British Pharmacopoeia or
the British Pharmaceutical
Codex
or
the
United
States
Pharmacopoeia or
the National
Formulary
of
the
United
States,
whether
alone
or
in combination
with
any
substance
exclusively
used
in
the
unani, ayurvedic,
homoeopathic
or
biochemic
system
of
treatment,
and int ended to be used for any of the
purposes mentioned in sub-clauses (i), (ii) and (iii); 3[*]
3Omitted for the word “and” by the Drugs ( Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette
4[(va) Therapeutic goods as defined under clause (xxxvi) of sec tion 2 of the
Drug Regulatory Authority of Pakistan Act, 2012 (XXI of 2012); and]
(vi) any other substance which the Federal Government may, by
notification in the o fficial Gazette, declare to be a "drug" for the
purposes of this Act;
(h) "expiry date" means the date stated on the label of a drug after which
the drug is not expected to retain its claimed efficacy, safety, quality or
potency or after which it is not permissible to sell the drug;
(i) "expert" means a specialist through university education and experience
in the relevant field;
(j) "export", with its grammatical variations and cognate expressions,
means to take out of Pakistan by sea, land or air;
(k) "generic name" means the non-proprietary, scientific or official name
of a drug as approved by the Federal Government;
(l) "Government Analyst" means a Federal Government Analyst or a
Provincial Government Analyst appointed under section 16;
(m) "import", with its grammatical variations and cognate expressions,
means to bring into Pakistan by sea, land or air;
(n) "Inspector" means a Federal Inspector or a Provincial Inspector
appointed under section 17;
(o) "label" m eans a displ ay of w ritten, p rinted or graphic m atter upon the
immediate container, or the outside container or wrapper of a drug
package;
(p) "labelling" means all labels and other written, printed or graphic matter
accompanying any drug;
(q) "licensing authority" means such authority as may be prescribed;
(r) "manufacture", in relation to a drug, means all operations involved
in the p roduction of the drug, including p rocessing, compounding,
formulating, filling, packing, repacking, altering, ornamenting, finishing
and labelling with a vi ew to its storage, sale and distribution, but does
not include the compounding and dispensing or the packing of any drug
in the ordinary course of retail business or on a p rescription of a
registered medical practitioner or d entist
or
of
a
veterinarian
and
"to
manufacture"
shall
be
construed accordingly;
(s) "misbranded drug" means a drug–
(i) which is not labelled in the prescribed manner; or
(ii) on the label or labelling of which any word, statement, or other
matter or information required by the rules to appear on the label
or labeling is not prominently placed with such conspicuousness
(as compared with other words, statements, designs, or devices
(Extraordinary), dated:18 December 2025, pp. 3279-3280, s.2(a).
4Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18
December 2025, pp. 3279-3280, s.2(b).
on the label or labelling) and in such terms as may render it likely
to be read and understood by the o rdinary individual under
customary conditions of purchase and use; or
(iii) which is not labelled with such directions for use and such
warnings against use in indications where its use may be
dangerous to health, or against unsafe dosage or duration of
administration or application, in su ch manner and form as are
necessary for the protection of users or as may be prescribed; or
(iv) the label or container of which, or anything accompanying which,
bears any statement, design or device wh ich m akes any false
claim for the drug or which is false or misleading in any particular;
or
(v) which is so coloured, coated, powdered or polished that damage
is concealed, or which is made to appear of better or greater
therapeutic value than it really is; or
(vi) which is manufactured according to the specifications of a
particular pharmacopoeia or any other document as may be
prescribed and the l abel does not bear the n ame of that
pharmacopoeia or document;
5
[(sa) “Notified Drugs Laboratory” means the drug testing laboratory notified by
the Provincial Government under subsection (2) of section 15 of the
Act;]
(t) "prescribed" means prescribed by rules;
6
[(ta) “Provincial Drugs Monitoring Team” means one or more Provincial
Drugs Monitoring Team constituted under section 11B of the Act;]
(u) "Provincial Quality Control Board" means a Board set up under section
11;
(v) "Registration Board" means a Board set up under section 7;
(w) "registered drug" means any drug registered under section 7;
(x) "rules" mean rules made under this Act;
(y) "Drug Court" means a court established under section 31;
(z) "specifications" when applied to a drug mean–
(i) such specifications as may be prescribed; or
(ii) when the s pecifications are not prescribed, the specifications as
contained in the most recent edition of any of the following
publications, namely:–
(1) the Pakistan Pharmacopoeia;
(2) the International Pharmacopoeia;
5Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.2.
6Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Pu njab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.2.
(3) the European Pharmacopoeia;
(4) the United States Pharmacopoeia;
(5) the British Pharmacopoeia;
(6) the British Pharmaceutical Codex;
(7) the United States National Formulary; and
(8) such other publication as may be prescribed:
Provided th at, if t he sp ecifications do not appear in the
most recent edition of any such publication, the
specifications appearing in the next proceeding edition of
such publication in which the sp ecifications appear shall
apply; or
(iii) if no specifications are either prescribed or contained in any of
the publi cations referred to in sub-clause (ii), the sp ecification
approved for the purpose of registration under this Act;
(za) "sell" means sell, offer for sale, expose for sale, have in possession
for sale and distribution and "to sell" "sold" or "sale" shall be construed
accordingly;
(zb) "spurious drug" means a drug–
(i) which purports to be a drug but does not contain the active
ingredient of that drug; or
(ii) which purports to be the product of a manufacturer, place or
country of whom or of which it is not truly a product; or
(iii) which is imported or exported or sold or offered or exposed
for sale under a particular name while actually it is another drug;
or
(iv) the
label
of
which
bears
the
name
of
an
individual
or
company
purporting to be its manufacturer or producer which individual or
company is fictitious or does not exist;
(zc) "storage" means storage for sale and "to store" or "stored" shall
be construed accordingly; and
7
[(zd) “sub-standard drug” means a drug which is not of specifications;
(ze) “professional member” means a person who is qualified for
appointment as Inspector or Government Analyst and appointed
by the Provincial Government in such manner and on such terms
and conditions as may be prescribed.]
CHAPTER II
ADMINISTRATION AND ENFORCEMENT
4. Regulation
and
prohibition
of
import,
etc.,
of
drugs.– (1) The
Federal
Government stall regulate tile import and export of drugs in the prescribed manner
7Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.2.
and for th at purpose may make such orders and issue such directions to the
importers and exporters as it may deem fit.
(2) If in the opinion of the Federal Government the public interest so
requires, the Federal Government may, by notification in the official Gazette,–
(a) direct that a drug o r a class of drugs specified in the notification, or
drugs generally, shall not be imported or exported otherwise than under
the authority of a licence issued under this Act or except by an importer
or exporter or th rough an ind entor registered in accordance with the
rules;
(b) direct that a drug or class of drugs specified in the notification shall not
be imported except by an agency of Government so specified; or
(c) prohibit the import or export of any drug or class of drugs specified in
the notification.
8
[(3) Subject to sub-sections (1) and (2), only such drugs shall be imported
which are on sale in the market of any of the western European countries, USA,
Japan, Australia or any other country as may be prescribed.]
5. Regulation of manufacture of drugs.– (1) The grant of licences to
manufacture drugs shall be regulated in accordance with such conditions and
procedure as may be prescribed, by a Central Licensing Board to be set up by the
Federal Gov ernment and consisting of such representatives o f the Federal
Government and the Provincial Governments as may be prescribed.
(2) The members of the C entral Licensing Board shall exercise such
powers, including the powers of an Inspector, as may be prescribed.
(3) The Central Licensing Board shall
9
[,with the approval of the Federal
Government and by notification in the official Gazette,] make regulations to regulate
the conduct of its business.
(4) Any member of the Central Licensing Board may, at any time, by
writing under his hand addressed to the Federal Government, resign his office or
shall vacate his office if the Federal Government, being of opinion that in the public
interest it is necessary so to do, so directs.
(5) Subject to sub-section (4), a member of the Central Licensing Board
shall hold office for the prescribed period.
6. Regulation of sale of drugs.– The Provincial Governments shall regulate the
sale of drugs in the prescribed manner and may for that purpose make such orders,
and issue such di rections to the importers, manufacturers, stockists, retailers or
other dealers of drugs, as they may deem fit.
7. Registration of drugs.– (1) The Federal Government shall cause all drugs to
be registered in accordance with such conditions and procedure as may be
prescribed and for th at purpose set up a Registration Board, consisting of such
8Added by the Drugs ( Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary),
dated:15 November 2002, pp 1984-1989, s.3.
9Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extra ordinary),
dated:15 November 2002, pp 1984-1989, s.4.
number of persons, possessing such qualifications, as may be prescribed.
Explanation.– In this section, "drugs" means drugs which are in the finished form
ready for use.
(2) The members of the Registration Board shall exercise such powers,
including the powers of an Inspector, as may be prescribed.
(3) The R egistration Board shall
10
[, with the approval of the Federal
Government, and by notification in the o fficial Gazette,] make regulations to regulate
the conduct of its business.
(4) Any member of the Registration Board may, at any time, by writing
under his h and addressed to the Federal Government, resign his office or sh all
vacate his office if the Federal Government, being of opinion that in the public interest
it is necessary so to do, so directs.
(5) Subject to sub-section (4), the members of the Registration Board shall
hold office for the prescribed period.
(6) The Federal Government shall, by notification in the official Gazette, fix
the date after which no drug which is not registered shall be allowed to be exported,
imported, manufactured, stored, distributed or sold.
(7) A person applying for the registration of a drug sh all furnish such
information in respect of the drug as may be prescribed, including information relating
to its efficacy, safety and quality, or as may be required by the Registration Board for
the purpose of the evaluation of the drug.
(8) Single-ingredient drugs shall be registered generally by their generic
names while compound drugs shall be registered generally by their proprietary names.
Explanation.– In this sub-section,–
(a) "Single-ingredient drugs" means drugs containing one active ingredient;
(b) "compound drugs" means drugs containing more than one active
ingredient.
11
[(9) The registration of a drug shall be subject to such conditions as may be
prescribed.]
(10) Where the Registration Board registers a drug, it shall inform the person
applying for its registration and the Provincial Governments of its having done so and
of the conditions subject to which it has been registered.
(11) If the Registration Board, on the basis of information received or an
inquiry conducted by it, is of opinion that–
(a) the registration of a drug was procured by fraud or misrepresentation; or
(b) the circumstances in which a drug was registered no longer exist; or
(c) there has been a violation of the conditions subject to which a drug was
registered; or
10Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary),
dated:15 November 2002, pp 1984-1989, s.5.
11Substituted by the Drugs (Amendmen t) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan
(Extraordinary), dated:15 November 2002, pp 1984-1989, s.5.
(d) it is necessary in the public interest so to do;
the Registration Board may, after affording to the person on whose application
the drug was registered an opportunity of showing cause against the action proposed
to be taken, cancel or suspend the registration or specify any further condition s to
which the registration shall be subject and inform such person and the Provincial
Governments accordingly.
(12) The Provincial Governments shall take all such steps as may be
necessary to ensure compliance with the conditions s ubject to which a drug is
registered and to prevent the manufacture or sale of a drug–
(a) which has not been registered; or
(b) the registration of which has been cancelled or stands suspended.
8. Pakistan Na tional Formulary.– The Federal Government sh all compile and
publish in the official Gazette Pakistan National Formulary comprising all drugs
allowed to be imported, manufactured or sold and such Formulary may be reviewed
and modified from time to time.
9. Appellate Board.– (1) The Federal Government shall, in accordance with
the rules, constitute an App ellate Board for the dispos al of appeals preferred by
persons aggrieved by any decision of the Central Licensing Board or the Registration
Board or the licensing authority or a Board or Authority to which the powers of the
Federal Government under section 12 have been delegated under sub-section (3) of
that section and for revision of any such decision on its own motion.
(2) The Appellate Board shall consist of such representatives of the Federal
Government and the Provincial Governments, including a Chairman, as the Federal
Government may from time to time appoint.
(3) Subject to sub-section (4), the Chairman and other members of the
Appellate Board shall hold office for the prescribed period.
(4) The Chairman or any o ther member of the Appellate Board may, by
writing under his hand addressed to the Federal Government, resign his office or
shall vacate his office if the Federal Government, being of opinion that in the public
interest it is necessary so to do, so directs.
(5) The members of the Appellate Board shall exercise such powers,
including the powers of an Inspector, as may be prescribed.
(6) The Appellate Board may appoint experts for the purposes of detailed
study of any specific matter before it.
(7) The Appellate Board shall
12
[,with the approval of the Federal
Government and by notification in the official Gazette,] make regulations to regulate
the conduct of its business.
13
[(8) The Appellate Board shall meet at least every month and shall decide
any appeal preferred to it within sixty days of receipt of appeal unless the Board is
12Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary ),
dated:15 November 2002, pp 1984-1989, s.6.
13Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary),
dated:15 November 2002, pp 1984-1989, s.6.
prevented from doing so for sufficient cause to be recorded.]
14
[9A. Appeals to the Provincial Appellate Authority.– (1) Any person aggrieved
by any
decision
of
the
licensing
authority
may
prefer
appeal
to
the
Provincial
Appellate
Authority.
(2) The Provincial Government shall constitute a Provincial Appellate
Authority for the dispos al of appeal preferred under sub-section (1) as m ay be
prescribed.]
10. Expert Committees.– (1) The Federal Government may constitute
committees of experts on Drugs Evaluation, on Pakistan Pharmacopoeia, on
Advertising and on such other matters as may be necessary for the purposes of this
Act.
(2) Each committee constituted under sub-section (1) shall consist of such
members as the Federal Government may appoint from time to time and each such
member shall hold office during the pleasure of the Federal Government.
11. Provincial Quality Control Board.– (1) Each Provincial Government shall set
up a Provincial Quality Control Board consisting of such members, including a
Chairman, as that Government may appoint from time to time.
(2) The Chairman and other members of the Provincial Quality Con trol
Board shall hold office during the pleasure of the Provincial Government, on such
terms and conditions as that Government may determine.
(3) The Provincial Government shall appoint a person to be the Secretary of
the Provincial Quality Cont rol Board and provide the Board with such staff as the
Provincial Government may consider necessary.
(4) The Provincial Quality Control Board shall
15
[, with the approval of the
Provincial Government
and
by
notification
in
the
official
Gazette,]
make
regulations
to
regulate
the conduct of its business.
(5) The following shall be the powers and functions of the Provincial
Quality Control Board, namely:–
(a) to inspect any p remises where any d rug is being, or is to be,
manufactured or sold and to recommend to the appropriate authority the
cancellation or suspension of the licence to manufacture or sell drugs
granted to any p erson who is found to be contravening, or to have
contravened, any of the provisions of this Act, or the rules;
(b) to scrutinize the reports of Provincial Inspectors in respect of
contraventions of this Act and reports of Government Analysts in
respect of drugs sent to th em by Provincial Inspectors for test and
analysis and issue instructions to the Inspectors as to the action to be
taken on such reports:
Provided that the Provincial Quality Control Board may specify the class
14Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary),
dated:15 November 2002, pp 1984-1989, s.7.
15Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary),
dated:15 November 2002, pp 1984-1989, s.8.
of cases in which a Provincial Inspector may make a complaint to the
Drug Court, or take any other action, without the specific instructions of
the Board;
(c) to exercise all the pow ers of an Inspector und er this Act and the
rules;
16
[*]
(d) to advise the Provincial Government on ways and means to ensure
quality control of drugs manufactured in the Province
17
[;]
18
[(e) to
ascertain
the
names
of
such
directors,
partners
and
employees
of
the
company, corporation, firm or institution who are prima facie responsible
for the
commission
of any offence
under
this
Act
or the
rules
and
allow
an
Inspector to institute prosecution only against such persons;
(f) to conduct annual validation of all instruments in the provincial drug
testing l aboratories and to recommend measures to upgrade su ch
laboratories, if required;
(g) identify and accredit on payment of fee other laboratories in the
Province with suitable facilities and expertise;
(h) to
conduct
training
programs
to
update
Government
Analysts
and
for
improving th eir knowledge according to latest analytical method and
technology;
19
[*]
20
[(i) to specify, by general or special order, the drugs which may be sent for
test and analysis to the Notified Drugs Laboratory for drug testing and
analysis; and]
21
[(j) to submit a monthly report of the decisions and activities to the Federal
Government and the Provincial Government.]
(6) The Provincial Quality Control Board may entrust any of its powers or
functions under sub-section (5) to any one or more of its members.
22
[(7) The Provincial Quality Control Board may constitute a committee or
committees, consisting of the members of the Board and other persons including at
least two professional members and delegate to the committee any of its powers and
functions under subsection (5) for exercise within the specified area.]
16The word “and” was omitted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of
Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.8.
17Substituted for the “full -stop” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of
Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.8.
18Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan ( Extraordinary),
dated:15 November 2002, pp 1984-1989, s.8.
19Deleted the word “and” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette
(Extraordinary), dated: 13 February 2017, pp.4519-4525, s.3.
20Substituted by the Punja b Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated:
13 February 2017, pp.4519-4525, s.3.
21Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.3.
22Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.3.
23
[11A. Conflict of interest.– No person who is a m ember of the Appellate Board,
Central Licensing Board, a Provincial Quality Board, the Registration Board or a
member of Expert Committee shall be a member of the any other board or committee
of which he is a member to avoid any conflict of interest.]
24
[11B. Provincial Drugs Monitoring Teams.– (1) The Provincial Government may,
by notification, constitute one or more Provincial Drugs Monitoring Team consisting of
the Chairperson and members including at least two professional mem bers on such
terms and conditions as the Provincial Government may determine.
(2) The Chairperson and members of the Provincial Drugs Monitoring
Team shall hold office during the pleasure of the Provincial Government.
(3) The Provincial Drugs Monitoring Te am s hall, with the approval of the
Provincial Government and by notification in the official Gazette, frame regulations to
regulate the conduct of its business.
(4) The Provincial Drugs Monitoring Team may–
(a) subject to subsection (5), exercise the powers of an Inspector under this
Act;
(b) inspect any p remises where any d rug is being, or is to be,
manufactured or sold and, in addition to any other action under the Act,
recommend to the appropriate authority for the cancellation or
suspension of the licence to manufacture or sell drugs held by any
person who is found to be contravening, or to have contravened, any of
the provisions of the Act or the rules;
(c) advise the Provincial Government on ways and means to ensure the
provision of quality drugs to the people;
(d) ascertain
the
names
of
such
directors,
partners
and
employees
of
the
company, corporation, firm or institution who are prima facie responsible
for the
commission
of any offence
under
the A ct
or the
rules and
recommend to the appropriate authority action against such persons;
(e) submit a monthly report of the recommendations and activities to the
Provincial Government; and
(f) perform such other functions under the Act or the rules as the Provincial
Government may, by notification, assign.
(5) The Provincial Drugs Monitoring Team shall exercise the powers of an
Inspector in the presence of at least one professional member.
11C. Independent inspection .– (1) Subject to subsection (2), the Provincial
Government may, on the recommendations of the Provincial Quality Control Board,
engage the services of a consultant or a firm of consultants for independent
inspection and evaluation of units for manufacture of drugs, distribution networks or
sale-points as the Government may specify.
23Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary),
dated:15 November 2002, pp 1984-1989, s.9.
24Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.4.
(2) No person sh all be engaged as consultant unless he is qualified to be
appointed as an Inspector or Government Analyst and is an expert in the relevant
field and no firm shall be so engaged unless it has in house capacity for the task and
has in its service persons who are qualified to be appointed as Inspectors or
Government Analysts and are experts in the relevant field.
(3) The consultant or the firm of consultants shall submit the report to the
Provincial Quality Control Board within the specified time and the Board shall take
necessary action on the report in accordance with law.
(4) For purposes of inspection and evaluation, the consultant or the experts
engaged by the firm of consultants shall have the powers of an Inspector.]
12. Power to fix maximum prices of drugs, etc.– (1) The Federal Government
may, by notification in the official Gazette,–
(a) fix the maximum price at which any drug specified in the notification is
to be sold; and
(b) specify a certain percentage of the profits of manufacturers of drugs
which shall be utilised, in accordance with the rules for purposes of
research in drugs.
(2) For the purpose of the exercise of its powers under sub-section (1), the
Federal Government may require a manufacturer, stockist, importer, exporter, retailer
or other dealer in drugs to furnish such relevant information as may be necessary.
(3) The Federal Government may, by noti fication in the official Gazette,
delegate any of its powers under this section to any Board or other authority.
13. Directions to Provincial Governments.– The Federal Government may give
such di rections to a Provincial Government as may appear to the
Federal
Government to be necessary for carrying into execution in the Province of any of the
provisions of this Act or of any rule or order made thereunder or for maintaining
supplies of drugs of standard quality at reasonable prices or for the achievement of
uniformity in respect of any matter in different parts of Pakistan.
14. Federal Drug Laboratory and institutes, etc.– The Federal Government
shall, as soon as may be, establish a Federal Drug Laboratory and may also set up
such other institutes and drugs testing and research laboratories for the purposes of
this Act as may be prescribed.
25
[15. Provincial Drugs Testing Laboratory .– (1) The Prov incial Government shall,
as soon as may be, set up one or more Provincial Drugs Testing Laboratory for such
purposes as may be prescribed.
(2) The Provincial Government may, by notification, engage or authorize a
reputed drugs testing laboratory, within th e country or abroad, for test and analysis of
the drug samples.]
16. Government Analysts.– The Federal Government or a Provincial Government
may, by notification
in
the
official
Gazette,
appoint
such
persons it
thinks
fit,
having the
25Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated:
13 February 2017, pp.4519-4525, s.5.
prescribed qualifications, to be the Federal Government Analysts or, as the case may
be, Provincial Government Analysts, for such areas and in respect of such drugs or
classes of drugs as may be specified in the notification:
Provided that no person who has any financial interest in the manufacture,
import, export or sale of drugs shall be so appointed:
Provided further that a person serving under the Federal Government or
another Provincial Government shall not be so appointed without the p revious
consent of that Government.
17. Inspectors.– The Federal Government or a Provincial Government may, by
notification in the official Gazette, appoint such persons as it thinks fit, h aving the
prescribed qualifications, to be Federal Inspectors or, as the case may be, Provincial
Inspectors for the purposes of this Act within such local limits as it may assign to them
respectively:
Provided that no person who has any financial interest in the manufacture,
import, export or sale of any drug shall be so appointed:
Provided further that a person serving under the Federal Government or
another Provincial Government shall not be so appointed without the p revious
consent of such Government.
18. Powers of Inspectors.– (1) Subject to the provisions of section 19 and of any
rules made in this behalf, an Inspector may, within the local limits for which he is
appointed, and in any other area with the permission of the licensing authority,–
(a) inspect any premises wherein any drug is manufactured, the plant and
process of manufacture, the means employed for standardizing and
testing the drugs and all relevant records and registers;
(b) inspect any premises wherein any drug is sold or is stocked or
exhibited for s ale or is distributed, the sto rage arrangements and all
relevant records and registers;
(c) take samples of any drug which is being manufactured, or being sold or
is stocked or exhibited for sale or is being distributed;
(d) enter and search, with such assistance, if any, as he considers
necessary, any buildin g, vessel or pl ace, in which he h as reason to
believe that an offence under this Act or any rules has been or is being
committed or may continue to be committed;
(e) call any person to be present as witness in the course of search or
seizure or in connection
with
any
other
matter
where
the
presence
of
witnesses
is necessary;
(f) seize such drug and all materials used in the manufacture thereof
and any other articles, including registers, cash-memos, invoices and
bills, which he h as reason to believe may furnish evidence of the
commission of an offence punishable under this Act or any rules
26
[:]
26Substituted for the “semi -colon” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of
Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10.
27
[Provided
that
where
the
contravention
is
such
which
can
be remedied, the stocks
shall not be seized upon undertaking in writing of the person not to sell drug without
remedying the defect, under intimation to the Board concerned;]
(g) require any p erson to appear before him at any reasonable time and
place to give s tatement, assistance or in formation relating to or in
connection with the inv estigation of an offence und er this Act or the
rules:
Provided that the exemptions under sections 132 and 133 of the Code of
Civil Procedure, 1908 (Act V of 1908), shall be applicable to requisitions for
attendance under this clause;
(h) lock and seal any factory, laboratory, shop, building, store-house or
godown, or a part thereof, where any drug is or is being manufactured,
stored, sold or exhibited for sale in contravention of any of the
provisions of this Act or the rules;
(i) forbid for a reasonable period, not exceeding
28
[two] weeks or such
further p eriod, which shall not be more th an three mont hs, as the
Inspector may, with the approval of the Provincial Quality Control Board,
the Central Licensing Board, the Registration Board or the licensing
authority, as the case may b e, sp ecify, any person in charge of any
premises from removing or dispensing of any drug, article or other thing
likely to be used in evidence of the commission of an offence under this
Act or the rules; and
(j) exercise such other powers as may be necessary for carrying out the
purposes of this Act or any rules:
Provided that the powers under clauses (f) to (j) shall be exercisable only by an
Inspector specifically authorised in this behalf, by an order in w riting, by the
Government appointing him, subject to such conditions as may be specified in such
order
29
[.]
30
[* * * * * * * * * * * * ]
(2) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898),
in so far as they are not inconsistent with the provisions of this Act, shall apply
to searches and seizures made under this Act.
19. Procedure for Inspectors.– (1) Where an Inspector seizes any drug or any
other article under section 18, he shall tender a receipt therefor in the prescribed form.
(2) Where an Inspector takes a sample of a drug for the purpose of test or
analysis, he s hall intimate such purpose in writing in the prescribed form to the
person from whom he takes it and, in the presence of such person unless he wilfully
27Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary),
dated:15 November 2002, pp 1984-1989, s.10.
28Substituted for the word “four” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of
Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10.
29Substituted for the “colon” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan
(Extraordinary), dated:15 November 2002, pp 1984-1989, s.10.
30The second proviso was o mitted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of
Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10.
absents himself, shall divide the sample into
31
[five] portions and effectively seal and
suitably mark the game and permit such person to add his own seal, if any, and
mark to all or any of the portions so sealed and marked:
Provided that, where the sample is taken from premises whereon the drug is
being m anufactured, it shall be necessary to divide the s ample into th ree po rtions
only:
Provided further that, where the drug is made up in containers of small
volume, instead of dividing a sample as aforesaid, the Inspector may, and if the drug
be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take
three or four, as the case may be, of the said containers after suitably marking the
same and, where necessary, sealing them:
Provided further th at if the contents of one container are insu fficient for t he
laboratory t est and analysis, the Inspector may increase the number of the
containers in order to make the sample sufficient for this purpose.
(3) The Inspector shall restore one po rtion of a s ample so divided or one
container, as the case may be, to the person from whom he takes it, and shall retain
the remainder and dispose of the same within seven days as follows–
32
[(i) one portion or sample he shall send to the Government Analyst or, if so
specified by the Provincial Quality Control Board, to the Board for
sending it to the Notified Drugs Laboratory;]
(ii) The second he shall send to the Chairman, Provincial Quality Cont rol
Board or the C entral Licensing Board or the Registration Board, as the
case may be;
33
[*]
(iii) the third, where taken, he shall send to the warrantor, if any, named
under the proviso to sub-section (3) of section 32
34
[; and]
35
[(iv) the fourth, where taken, he shall send to the person purporting to be its
manufacturer or importer, as the case may be.]
(4) Where an Inspector seizes any d rug containing any filthy or putrid
substance, vermin, worm, rodent, insect or any foreign matter which is visible to the
naked eye, and the sample is such that it cannot or need not be divided, he shall
effectively seal and suitably mark the same and permit the person from whom he
seizes the drug to add his own seal if any, and mark to it and shall produce the
same
before the Drug Court or the C entral Licensing Board or the Registration Board, as
the case may be , before which proceedings are institut ed or action is ini tiated in
respect of the drug.
(5) Where an Inspector takes any action under section 18,–
31Substituted for the word “four” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of
Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.11.
32Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated:
13 February 2017, pp.4519-4525, s.6.
33The word “and” was omitted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), p ublished in the Gazette of
Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.11.
34Substituted for the “full -stop” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of
Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.11.
35Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary),
dated:15 November 2002, pp 1984-1989, s.11.
(a) he shall as soon as practicable ascertain whether or not the drug
contravenes any of the provisions of this Act and, if it is ascertained that
the drug does not so contravene, he s hall forthwith revoke the order
passed under the said section or, as the case may be, take such action
as may be necessary for the return of the stock seized and payment for
the samples taken, under intimation to the Board concerned;
(b) if he seizes the stock of the drug, he shall, as soon as may be, inform
the Board concerned and take its order as to the custody thereof:
Provided that where a Federal Inspector is not competent to take action under
section 30, he shall as soon as may be report the matter and hand over the stock, if
any, to the Provincial Inspector for further action under this Act.
(6) The Provincial Inspector on finding any contravention of this Act shall,
unless the Board otherwise directs, always refer the case to the Provincial Quality
Control Board and seek orders as to the action to be taken in respect of such
contravention.
(7) The Federal Inspector on finding any contravention of this Act for which
he is authorized shall, unless otherwise directed, always refer the case to the Central
Licensing Board or the Registration Board or any other authority as may be
specified for the purpose and seek any further orders as to the action to be taken in
respect of such contravention.
20. Persons bound to disclose place where drugs a re manufactured or
kept.– Every person for the time being in charge of any premises whereon any
drug is
being manufactured or is kept for sale or distribution shall, on being required
by an Inspector so to do, disclose to the Inspector the place where the drug is being
manufactured or is kept, as the case may be.
21. Disclosure of the name of the manufacturer.– Every person, not being the
manufacturer of a drug or his agent for the distribution thereof, shall, if so required by
an Inspector, disclose to him the name, address and other particulars of the
manufacturer or other person from whom he acquired the drug.
22. Reports of Government Analysts.– (1) The Government Analyst to whom a
sample of any drug has been submitted for test and analysis under sub-section (3)
of section 19
shall
deliver
to
the
Inspector
submitting
it
a
signed
report
in
quadruplicate
in
the p rescribed form and forward one copy thereof to the authority as m ay be
prescribed.
(2) The Government Analyst, as far as may be, shall submit the report
referred to in sub-section (1) within sixty days of the receipt by him of the sample of
the drug and, if he is not able to do so for reasons beyond his control, shall
communicate the reasons to the Inspector in writing and shall endorse its copy to the
36
[Central Licensing Board o r, as the case m ay be, the Registration Board or the
Provincial Quality Control Board] who shall have the sample tested from the same or
any other Government Analyst or a Government Drug Testing Laboratory or any other
36Substituted for the words “Board concerned” by the Drugs ( Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the
Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.12.
Laboratory
37
[or the Notified Drugs Laboratory] and shall ensure the receipt of results
of such test and analysis within a further period as may be prescribed and shall
make the test report available to the Inspector for further action.
(3) On receipt of the report, the Inspector shall–
(a) deliver one copy thereof to the p erson from whom the s ample w as
taken;
(b) forward one copy to the warrantor, if any, named under the proviso to
sub-section (3) of section 32;
(c) forward one copy to the
38
[Central Licensing Board or, as the case may
be, the Registration Board or the Provincial Quality Control Board] for its
directions as to the action to be taken on the report; and
(d) retain the fourth copy for use in any prosecution or for any other
purpose.
(4) Notwithstanding anything contained in any other law for the time being
in force, any document purporting to be a report signed by a Government Analyst
39
[or the Notified Drugs Laboratory] shall be admissible as evidence of the facts stated
therein without formal proof and such evidence shall be conclusive unless the person
from whom the sample was taken or the said warrantor has, within
40
[ten days] of the
receipt of a copy of the report notified in writing to the Inspector or
41
[Provincial
Quality Control Board or, as the case may be, the Central Licensing Board or the
Registration Board or the Drug Court] before which any proceedings in respect of the
sample are pending that he intends to adduce evidence in controversion of the report.
(5) Where a person has, under sub-section (4), notified his intention of
adducing evidence in controversion of a
42
[report of Government Analyst or of Notified
Drugs Laboratory]
43
[Provincial Quality Cont rol Board or, as the case may b e, the
Central Licensing Board or the Registration Board or the Drug Court] may, of its own
motion or in its discretion at the request either of the complainant or the accused,
cause the sample of the drug lying with the Board concerned under sub-section (3) of
section 19 to be sent for test or analysis to the Federal Drug Laboratory or any other
laboratory specified for the purpose by the Federal Government
44
[or the Provincial
Government] which shall make the test or analysis and report
in writing signed by, or
37Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary) , dated: 13
February 2017, pp.4519-4525, s.7.
38Substituted for the words “Board concerned” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the
Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.12.
39Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.7.
40Substituted for the words “thirty days” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab
Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.7.
41Substituted for the words and commas “the Drug Court or, as the case may be, the Central Licensing Board or the Registration
Board” by the Drugs (Amendment) Ordinance, 200 2 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary),
dated:15 November 2002, pp 1984-1989, s.12.
42Substituted for the words “Government Analyst’s report” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in
the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.7.
43Substituted for the words “the Drug Court or the Board concerned” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of
2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.12.
44Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.7.
under the authority of, the person for the time being in charge of the Federal Drug
Laboratory, or, as the case may b e, such other laboratory, the result thereof and
such report shall be conclusive evidence of the facts stated therein.
(6) The cost of a test or analysis made by the Federal Drug Laboratory or
other l aboratory under sub-section (5) shall be paid by the complainant or
accused as the Drug Court or the Board concerned shall direct.
45
[22A. Reports of the Notified Drugs Laboratories .– (1) The Notified Drugs
Laboratory shall submit its report to the Chairperson of the Provincial Quality Control
Board.
(2) The provisions of section 22 of the Act shall, as far as may be, apply to
the report of a Notified Drugs Laboratory.
(3) The Board shall take necessary action on the report in accordance with
the Act and the rules.]
CHAPTER III
PROHIBITIONS
23. Import, manufacture and sale of drugs.– (1) No person shall himself or by
any other person on his behalf–
(a) export, import or manufacture for sale or sell–
(i) any spurious drug;
(ii) any counterfeit drug;
(iii) any misbranded drug;
(iv) any adulterated drug;
(v) any substandard drug;
(vi) any drug after its expiry date;
(vii) any drug which is not registered or is not in accordance with the
conditions of registration;
(viii) any d rug which, by m eans of any statement, design or device
accompanying it or by any oth er means, purports or claims to
cure or mitigate any such disease or ailment, or to have any such
other effect, as may be prescribed;
(ix) any drug if it is dangerous to health when used in the dosage or
with the frequency, or for the duration specified, recommended
or suggested in the labelling thereof; or
(x) any drug in contravention of any of the provisions of this Act
or any rule;
(b) manufacture for sale any drug except under, and in accordance with the
conditions of, a licence issued under this Act;
(c) sell any drug except under, and in accordance with the conditions of, a
45Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 201 7), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.8.
licence issued under this Act;
(d) import or export any drug the import or export of which is prohibited
by or under this Act;
(e) import or export any drug for the import or export of which a
licence is required, except under, and in accordance with the conditions
of, such licence;
(f) supply an incorrect, incomplete or misleading information, when
required to furnish any information under this Act or the rules;
(g) peddle, hawk or offer for sale any drug in a park or public street or on
a highway, footpath or public transport or conveyance;
(h) import, manufacture for sale, or sell any subst ance, or mixture of
substances, which is not a drug but is presented in a form or manner
which is intended or likely to cause the public to believe it to be a drug;
(i) sell any drug without having a warranty in the prescribed form bearing
the name and batch number of the drug issued,–
(i) in the case of a drug manufactured in Pakistan, by the
manufacturer holding a valid licence to manufacture drugs and
permission to manufacture that drug or by his authorised agent;
(ii) in the case of an imported drug, by the manufacturer or importer
of that drug or, if the drug is imported through an indentor by
such indentor; and
(j) apply an incorrect batch number to a drug.
(2) Nothing in sub-section (1) shall apply to the manufacture or import
subject to prescribed conditions, of small quantities of any d rug for the purpose of
clinical trial, examination, test, analysis or personal use;
46
[23A. Prohibition on aiding, abetment or association in contravention of the Act .– *
* * * * * * * * * * * * *
23B. Prohibition of acquisition and possession of assets der ived from contravention of
the Act.– * * * * * * * * * * * * *
23C. Prohibition on owning, operating premises or machinery for manufacture of drugs,
etc.– * * * * * * * * * * * * ]
24. Control of advertisement.– No person shall himself or by any other person
on his b ehalf advertise, except in accordance with su ch conditions as m ay be
prescribed,–
(i) any drug;
(ii) any substance used or prepared for use in accordance with the
ayurvedic, un ani, homoeopathic or biochemic system of treatment or
any other substance or mixture of substances as may be prescribed;
46Omitted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraor dinary), dated:
24 May 2018, pp. 8121-8123, s. 2. They were earlier inserted by the Punjab Drugs (Amendment) Act 2017 (V of 2017), published
in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 9.
(iii) any remedy, treatment or offer of a treatment for any disease.
Explanation.– In this section, "advertise" means to make any representation by
any means whatsoever for the purpose of promoting directly or indirectly the sale or
disposal of a drug, a substance or a mixture of substances, a remedy or a treatment
except the display of sign boards for a clinic, a dispensary or a hospital or such other
institution offering treatment.
25. Control of samplings.– No person shall distribute or cause to be distributed
any d rug as a sample except in accordance with su ch conditions as m ay be
prescribed.
26. Control of printing of labelling.– No person shall print any l abelling in
respect of any drug which is required to be registered under this Act but is not so
registered after the date fixed by the Federal Government under sub-section (6) of
section 7 or for a person who do es not possess a licence und er this Act to
manufacture that drug.
CHAPTER IV
OFFENCES, PENALTIES AND PROCEDURE
27. Penalties.–
47
[(1) Whoever himself or by any other person on his behalf:
48[(a) exports, imports, manufactures or sells any spurious drug or adulterated
drug which causes death or physical disability or any drug which is not
registered;]
(b) manufactures for sale any drug without a licence;
49[(c) * * * * * * * * * * * ]
(d) imports without licence any drug for the import of which a licence is
required - shall be punished with imprisonment which may extend to ten
years but which shall not be less than three years and with fine which
may extend to fifty million rupees but which shall not be less than twenty
five million rupees.]
(2) Whoever himself or by any other person on his behalf–
(a) imports, manufactures for sale or sells any counterfeit drug; or
(b) gives to the purchaser a false warranty in respect of any drug sold by
him that the drug does not in any way contravene the provisions of
section 23 and is not able to prove that, when he gave the warranty, he
had good and sufficient reason to believe the same to be true; or
(c) applies or permits to be applied to any drug sold, or stocked or exhibited
for sale, by him, whether on the container or a label or in any other
manner, a warranty given in respect of any other drug; or
47Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in t he Punjab Gazette (Extraordinary), dated:
13 February 2017, pp.4519-4525, s.10.
48Substituted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraor dinary),
dated: 24 May 2018, pp. 8121-8123, s. 3.
49Omitted ibid.
(d) imports, manufactures for sale or sells any drug under a name other
than the registered name; or
(e) exports, imports, manufactures for sale or sells any drug with which any
substance, which should not actually be its component, has been mixed
or packed so as to reduce its quality or strength or for which any such
substance has been substituted wholly or in part;
shall be punishable with imprisonment for a term which may extend to seven years,
50
[or with fine which may extend to one million rupees or with both].
(3) Whoever obstructs an Inspector in the exercise of any power conferred
upon him by or under this Act, or disobeys the lawful authority of any Inspector, shall
be punishable with imprisonment for a term which may extend to
51
[one year 52[or with
fine which may extend to fifty thousand rupees or with both] ].
53
[(3a) Whoever is responsible for variation in the specification which is physical
or chemically ten per cent different from the specification labeled on a drug , shall be
punishable with imprisonment for a term which may extend to five years or with fine
which may extend to one hundred thousand rupees or with both.
(3b) Whoever is responsible for variation in the specification which is
physically or chemically more than ten per cent but is not more than twenty per cent
different from the specification labeled on a drug , shall be punishable with
imprisonment for a term which may extend to five years or with fine which may extend
to four hundred thousand rupees or with both.
(3c) Whoever is responsible for variation in the specification w hich is
physically or chemically more than twenty per cent but is not more than fifty per cent
different from the specification labeled on a drug, shall be punishable with
imprisonment for a term which may ex tend to five years or with fine which may extend
to seven hundred thousand rupees or with both.
(3d) Whoever is responsible for variation in the specification which is
physically or chemically more than fifty per cent different from the specification labeled
on a drug, shall be punishable with imprisonment for a term which may extend to five
years or with fine which may extend to one million rupees or which is three times the
value of the drug taken into custody, whichever is higher, or with both and the
manufacturing of the product shall remain suspended till such time that the
responsibility for the lapse is fixed and remedial measures, taken.]
54
[(4) Subject to the provisions of subsection (1), subsection (2), subsection
50Substituted for the expression “but which shall not be less than two years and with fine which may extend to ten million rupees
but which shall not be less than three million rupees” by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in
the Punjab Gazette (Extraor dinary), dated: 24 May 2018, pp. 8121 -8123, s. 3. It was earlier substituted for the expression “or
with fine which may extend to one lakh rupees, or with both” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published
in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10.
51Substituted for the expression “one year, or with fine which may extend to ten thousand rupees, or with both” by the Punjab
Drugs (Amendment) Act, 2017 (V of 2017), publishe d in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519 -
4525, s.10.
52Substituted for the expression “but which shall not be less than fourteen days and with fine which may extend to one million
rupees but which shall not be less than five hundred thousand rupees” by the Drugs (Punjab Amendment) Act 2018 (XVIII of
2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 3.
53Substituted ibid. They were earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab
Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10.
54Substituted ibid. It was earlier substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab
Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10.
(3), subsection (3a), subsection (3b), subsection (3c) and subsection (3d) , whoever
himself or by any other person on his behalf contravenes any of the provisions of th e
Act or the rules , shall be punishable with imprisonment for a term which may extend
to five years and with fine which m ay extend to five hundred thousand rupees or with
both.]
55
[(5) * * * * * * * * * * * ]
56
[27A. False statement.– * * * * * * * * * ]
28. Penalty for subsequent offence.– (1) Whoever having been convicted of
an offence under sub-section (1) of section 27 is
57
[convicted for a subsequent]
offence under that sub-section shall be punishable with imprisonment for life or with
imprisonment which shall not be less than
58
[ten years and with fine which may extend
to one hundred million rupees but which shall not be less than fifty million rupees].
(2) Whoever having been convicted of an offence under sub-section (2) of
section 27 is
59
[convicted for a sub sequent] offence und er that sub-section shall be
punishable with imprisonment for a term
60
[which may extend to ten years but 61[which
shall not to be less than two years and with fine which may extend to one and a half
million rupees but which shall not be less than three hundred thousand rupees] ].
62
[(2a) Whoever having been convicted of an offence under subse ction (3a) ,
subsection (3b), subsection (3c) and subsection (3d) of section 27 , is convicted for a
subsequent offence under any of those subsections shall, if the drug is not recalled as
prescribed by the Provincial Government, be punishable with imprisonment for a term
which shall extend to seven years but which shall not be less than two years and with
fine which may extend to one and a half million rupees but which shall not be less
than five times the value of the drug taken into custody.]
(3) Whoever having been convicted of an offence under sub-section (4) of
section 27 is
63
[convicted for a sub sequent] offence und er t hat sub-section shall be
55Omitted ibid. It was earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette
(Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10.
56Omitted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraor dinary), dated:
24 May 2018, pp. 8121-8123, s. 4. It was earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in
the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 11.
57Substituted for the words “again convicted of an” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in
the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.14.
58Substituted for the expression “five years and with fine which may extend to two lakh rupees” by the Punjab Drugs
(Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519 -4525,
s.12.
59Substituted for the words “again convicted of an” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in
the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.14.
60Substituted for the expression “which shall not to be less than two years or more than ten years, or with fine which may extend
to two lakh rupees, or with both” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette
(Extraordinary), dated: 13 February 2017, pp.4519-4525, s.12.
61Substituted for the expression “which shall not be less than five years and with fine which may extend to seventy million rupees
but which shall not be less than thirty million rupees” by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in
the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 5.
62Substituted ibid. It was earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab
Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 12.
63Substituted for the words “again convicted of an” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in
the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.14.
punishable with imprisonment for a term which may extend to
64
[ seven years but
which shall not be less than thirt y days and with fine which may extend to one million
rupees but which shall not be less than three hundred thousand rupees].
65[28A. Recall of drugs.– A person charged with the commission of an offence under
subsection (3) of section 28, shall be deemed to have committed no offence when the
drug which is subject of that offence, has not caused any death or physical disability
and is recalled as prescribed by the Provincial Government.]
29. Forfeiture.– (1) Where any person has been convicted under this Act, for
contravening any such provisions of this Act or any rule as may be prescribed in this
behalf, the Drug Court may order that the stock of drug or substance by means of or
in relation to whi ch the offence was committed or anything of a similar nature
belonging to or in the poss ession of the accused or found with such drug or
substance, and if such contravention is punishable under sub-section (1) of section
27, any implements used in manufacture or sale of such drug and any receptacles,
packages or coverings in which such drug is contained and the animals, vehicles,
vessels or other conveyances, used in carrying such drug, be forfeited to the
Federal Government or, as the case may be, the Provincial Government and, upon
such order being made, such drug, substance, implements, receptacles, packages or
coverings, animals, v ehicles, v essels or conveyances m ay be disposed of as th at
Government may direct.
(2) Without prejudice to the provisions of sub-section (1), where the Drug
Court is s atisfied, on the application of an Inspector or otherwise, and after such
inquiry as may be n ecessary, that a drug contravenes the provisions of this Act, the
Drug Court may order that such drug be forfeited to the Federal Government or, as
the case may be, the Provincial Government and, upon such order being made, such
drug may be destroyed or otherwise disposed of as that Government may direct.
(3) An Inspector shall release any drug or article seized by him under this
Act when he is satisfied that all the provisions of this Act and the rules with respect
thereto have been complied with.
30. Cognizance of o ffences.– (1) Subject to the provisions of section 19, no
prosecution shall be instituted under this Chapter except–
(a) by a Federal Inspector, where the prosecution is in respect of a
contravention of clause (h) of sub-section (1) of section 23 or section 24
or any of the provisions of this Act or the rules relating to the import or
export of drugs or the manufacture for sale, or sale, of a drug which is
not for the time being registered or for the manufacture for sale of which
a licence is not for the time being in force; or
(b) by a Provincial Inspector:
Provided that, where the public int erest so requires, the Federal Inspector
64Substituted for the expression “ten years but which shall not be less than ninety days and with fine which may extend to ten
million rupees but which shall not be less than one million rupees” by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018),
published in the Pu njab Gazette (Extraor dinary), dated: 24 May 2018, pp. 8121-8123, s. 5. It was earlier substituted for the
expression “seven years, or with fine which may extend to one lakh rupees or with both ” by the Punjab Drugs (Amendment) Act,
2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 12.
65Inserted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraor dinary), dated:
24 May 2018, pp. 8121-8123, s. 6.
may, with the prior permission of the Federal Government institute a prosecution for
a contravention of any other provision of this Act.
66
[(2) Notwithstanding anything contained in the Code of Criminal Procedure,
1898 (V of 1898):
(a) an offence punishable under subsection (1) of section 27 shall be
cognizable and non-bailable;
67[(b) * * * * * * * * * * * ]
(c) all offences under the Act shall be non-bailable.
(2a) No court other than a Drug Court established under the Act shall try an
offence punishable under the Act.]
(3) Nothing contained in this Ch apter s hall be deemed to prevent any
person from b eing prosecuted under any oth er law for any act or omission which
constitutes an offence punishable under this Chapter or to require the transfer to a
Drug Court of any case which may be pending in any Court immediately before the
establishment of the Drug Court.
31. Drug Courts.– (1) The
68
[Provincial Government] may, by notification in the
official Gazette, establish as many Drug Courts as it considers necessary and, where
it establishes more than one Drug Court, shall specify in the notification the territorial
limits within which, or the class of cases in respect of which, each one of them shall
exercise jurisdiction under this Act.
69[
70
[(2) A Drug Court shall consist of:
(a) a Chairperson who is or has be en a District and Sessions Judge or
Additional District and Sessions Judge to be appointed, in consultation
with the Chief Justice, Lahore High Court, for a period of three years, by
the Provincial Government on such terms and conditions as it may
determine; and]
(b) two members, each from the field of pharmaceutical and medical with
fifteen years’ experience in such field, to be appointed, for a period of
three years, by the Provincial Government on such terms and conditions
as it may determine.
(2a) The Chairperson and one of the members shall constitute the quorum of
a Drug Court for deciding the matters, other than final hearing and decision of the
case, under the Act.]
66Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated:
13 February 2017, pp.4519-4525, s.13.
67Omitted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Ext raordinary), dated:
24 May 2018, pp. 8121-8123, s. 7.
68Substituted for the words “Federal Government” by the Punjab Drugs (Amendment) Act 2016 (XXXIII of 2016), published in the
Punjab Gazette (Extraordinary), dated: 31 May 2015, p. 5559, s. 2.
69 Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated:
13 February 2017, pp.4519-4525, s.14.
70Substituted by The Drugs (Amendment) Act, 2025 (XXXIV of 2025), published in the Punjab Gazette (Extraordinary), dated: 30
May 2025, p.4763, s.2.
71
[Provided that for deciding applications of bail the Chairman and any o ne
member shall constitute full quorum of a Drug Court.]
72[Provided that the Chairman and one of the members shall constitute quorum
of a Drug Court for purposes of deciding all the matters under the Act other than the
final hearing and decision of a case .]
(3) A Drug Court shall sit at such place or places as the
73
[ Provincial
Government] may direct.
(4) A D rug Cou rt shall h ave all the powers conferred by the Code of
Criminal Procedure, 1898 (Act V of 1898), on a Court of Session exercising original
jurisdiction.
(5) A Drug Court shall not, merely by reason of a change in its composition,
be bound to recall and rehear any witness who has given evidence, and may act on
the evidence already recorded by or produced before it.
(6) A Drug Court shall, in all matters with respect to which no procedure has
been p rescribed by this Act, follow the procedure prescribed by the Code of
Criminal Procedure, 1898 (A ct V of 1898), for the trial of summons cases by
Magistrates.
74
[(7) * * * * * * * * * * *
]
75
[(8) * * * * * * * * * * *
]
76
[31A. Appeal.– (1) The Provincial Government or the person sentenced by a Drug
Court may, within sixty days, file an appeal against the final order of the Drug Court to
Lahore High Court and the appeal shall be heard by a Bench of that Court cons isting of
not less than two Judges.
(2) The Drug Court shall, as soon as possible, supply copies of the final
order to the parties free of cost.
(3) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of
1908) shall be applicable to an appeal under this section.]
32. Pleas.– (1) Save as hereafter provided in this section, it shall be no defence in
a prosecution under this Act to prove merely t hat the accused was ignorant of the
nature, subst ance or quality of the drug in respect of which the offence has been
committed or of the circumstances of its manufacture or import, or that a purchaser,
having brought only for the purpose of test or analysis, has not been prejudiced by the
71 Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary),
dated: 15 November 2002, pp 1984-1989, s.15.
72Added by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24
May 2018, pp. 8121-8123, s. 8.
73Substituted for the words “Federal Government” by the Punjab Drugs (Amendment) Act 2016 (XXXIII of 2016), published in the
Punjab Gazette (Extraordinary), dated: 31 May 2015, p. 5559, s. 2.
74Omitted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.14.
75Omitted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.14.
76Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.15.
sale.
(2) A drug shall not be deemed to be misbranded or adulterated or
substandard only by reason of the fact that th ere h as been added thereto some
innocuous substance or ingredient because the same is required for the manufacture
or preparation of the drug fit for carriage or consumption and not to increase the bulk,
weight or measure of the drug or to conceal its inferior quality or other defect or there
is a decomposed substance which is the result of a natural process of decomposition:
Provided that such decomposition is not due to any negligence on the part of
the manufacturer of the drug or the dealer thereof and that it does not render the drug
injurious to health or does not make it substandard.
(3) A person, not being the manufacturer of a drug or his agent for the
distribution thereof, shall not be liable for a contravention of section 23 if he proves–
(a) that he did not kno w, and could not with reasonable diligence have
ascertained, that the drug in any way contravened the prevision of this
Act and th at the d rug while in his possession remained in the s ame
state as when, he acquired it; and
(b) that he acquired the drug from a duly li censed manufacturer or his
authorised agent or an importer or an indentor resident in Pakistan
under a written warranty in the prescribed form stating, in particular, the
batch number of the drug and signed by such person that the drug does
not in any way contravene the provisions of section 23 and that the drug
while in his possession was properly stored and remained in the same
state as when he acquired it and that the drug has been manufactured
by a manufacturer holding a valid licence to m anufacture d rugs and
permission to manufacture that drug:
Provided that a defence under clause (b) shall be open to a person only–
(i) if he has, within seven days of the service on him of the summons,
sent to the Inspector a copy of the warranty with a written notice
stating that he intends to rely upon it and giving the name and address
of the warrantor, and
(ii) if he proves that he has, within the same period, sent written notice of
such intention to the said warrantor.
33. Application of law relating to customs and powers of officers of
customs.– (1) The law for the time being in force relating to customs and to goods the
import of which is prohibited by or under the Customs Act, 1969 (IV of 1969), shall,
subject to the provisions of section 27 of this Act, apply in respect of drugs the import
of which is prohibited under this Act, and officers of customs and officers to whom
any of the functions of an officer of customs have been entrusted under the said Act
shall have the same powers in respect of such drugs as they have for the time being
in respect of such goods as aforesaid.
(2) Without prejudice to the provisions of sub-section (1), an officer of
customs or a Federal Inspector or any other p erson as may be authorised by the
Federal Government in this b ehalf may detain any imported package which he
suspects to contain any drug the import of whi ch is prohibited under this Act, and
shall forthwith report such detention to the licensing authority and, if required by it,
forward the package or samples of any suspected drug found therein to a laboratory
specified by it.
34. Offences by companies, etc.– Where the person guilty of an offence
under this Act, is a company, corporation, firm or institution, every director, partner
and employee of the company, corporation, firm or institution
77
[with whose knowledge
or consent the offence was committed shall be guilty of the offence].
35. Publication of offender's name.– (1) If any person is convicted of an offence
under this Act, it shall be lawful for the Drug Court to cause the offender's name,
place of residence, the offence of which he has been convicted and the penalty
which has been inflicted upon him, to be published at the expense of such person in
such newspapers or in such other manner as the Court may direct.
(2) The expenses of such publication shall be recoverable in the same
manner as a fine is recoverable.
36. Powers to exempt.– Notwithstanding anything contained in this A ct, the
Federal Government may, if it is of opinion that the public interest so requires at any
time, of its own motion or on a representation made to it, by notification in the official
Gazette, exempt any d rug or class of drugs from the operation of any of the
provisions of this Act, subject to such conditions, if any, and for such period, as may
be specified in the notification.
37. Inspectors to be public servants.– Every Inspector shall be deemed to be a
public servant within the meaning of section 21 of the Pakistan Penal Code (Act XLV
of 1860), and sh all be officially subo rdinate to such authority as the Government
appointing him may specify in this behalf.
38. Indemnity.– Except as otherwise expressly p rovided in this A ct, no sui t,
prosecution or other legal proceeding shall lie against Government or any other
authority or p erson for anything which is in good faith done or intended to be done
under this Act or any rule.
39. Finality of orders, etc.– Save as otherwise expressly p rovided in this Act,
every o rder passed or decision given by any Board, a Drug Court or any other
authority under this Act shall be final and shall not be called in question by or before
any Court or other authority.
40. Publication of result of test or analysis, etc.– (1) It shall be lawful for the
Federal Government to publish, in such manner as it may deem fit, the result of any
test or analysis of any drug for public information and to pass such orders relating to
the withdrawal of such drug from sale and its disposal as it may consider necessary.
(2) The Federal Government may, if it considers it necessary in the public
interest so to do, publish for public information, in such manner as it may deem fit,
any information relating to a drug or to the use of a drug in specified circumstances.
41. Cancellation or suspension of licences.– Where any person has been
77Substituted for the words and commas “shall, unless he proves that the offence was committed without his knowledge and
consent, be guilty of the offence” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of
Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.16.
found to have contravened any of the provisions of this Act, or the rules in respect of
any drug and the contravention is of such a nature that the import, export,
manufacture or sale of any drug by su ch person is, in the opinion of the licensing
authority or the Central Licensing Board, likely to endanger public health, that
authority may, after giving such person an opportunity o f being h eard, cancel the
licence to import, export, manufacture or sell drugs issued to such person or suspend
such licence for a specified period.
78
[41A. Suspension of license by Provincial Quality Control Board .– (1)
Notwithstanding anything in section 41, the Provincial Quality Control Board may,
subject to the conditions mentioned in that section, and after affording an opportunity of
hearing to the manufacturer and recording detailed reasons including the grounds of
suspension, suspend the manufacturing license of a manufacturer within the Punjab for
such pe riod not exceeding 79[fifteen] days as the Board may determine and shall, as
soon as may be, report the matter to the Central Licensing Board for such action as the
Board may deem appropriate.
(2) A copy of the order under subsection (1) shall immediately b e supplied to
the manufacturer, requiring him to take appropriate remedial measures.
(3) The manufacturer shall take remedial measures and shall request the
Provincial Quality Control Board for an immediate inspection of the unit, and the Board
shall promptly arrange an inspection.
(4) If the Board is satisfied that the grounds leading to the suspension of the
licence have been remedied, it shall restore the licence of the manufacturer and report
the matter to the Central Licensing Board but if the Board is not so satisfied, it may
require the manufacturer to take the remaining remedial measures.
(5) Notwithstanding anything in subsection (3) or subsection (4), the Board
shall arrange inspection of the Unit for manufacture of drugs at five days prior to th e
expiry of the period of suspension and if it is of the view that sufficient remedial steps
have not been taken, the Board may, from time to time and after recording reasons,
extend the period of suspension up to the maximum period of ninety days in all.
(6) If the manufacturer does not take effective remedial steps during the
period or extended period of suspension of the licence, the Board shall refer the matter
to the Central Licensing Board for immediate cancellation of the manufacturing licence.
(7) Any manufacturer aggrieved by the order of suspension may, within
seven days from the receipt of the order, prefer an appeal to the appellate authority as
notified by the Government and the appellate authority shall dispose of the appeal
maximum within seven days.]
42. Cancellation or suspension of registration of registered drugs.– Where
any person has been found to have contravened any of the provisions of this Act, or
the rules in respect of any registered drug, the Registration Board may, after giving
such person an oppo rtunity of being heard, cancel the registration of such drug or
suspend such registration for a specified period.
78Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13
February 2017, pp.4519-4525, s.16.
79Substituted for the word “thi rty” by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette
(Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 9.
CHAPTER V
MISCELLANEOUS
43. Power of Federal Government to make rules.– (1) Subject to section 44,
the Federal Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
provision, such rules may–
(a) prescribe the functions of the Federal Drug Laboratory and any oth er
laboratory set up under section 14 or specified under section 22 or
section 33 and the procedure for the submission to any such laboratory
of samples of d rugs for analysis or test, the forms of the laboratory's
reports thereon and the fees payable in respect of such reports; and
such other matters as may be n ecessary for any such l aboratory to
perform its functions;
(b) prescribe specifications, including the strength, potency, purity, quality or
other property, of any drug, and the methods of test or analysis to be
employed in determining whether a drug is of required specifications;
(c) prescribe the maximum proportion of any poisonous or other substance
which may be added to or contained in any drug, or extracted or omitted
therefrom; p rohibit the import, manufacture, sale or stocking or
exhibition for sale or distribution of any drug in which that proportion is
exceeded and specify subst ances whi ch sh all be deemed to be
poisonous;
(d) specify the drugs or classes of drugs for the import or export of
which a licence is required, the testing of such drugs, and prescribe the
form and conditions of such licences, the authority empowered to
issue the same, and the fees payable therefor;
(e) prescribe the places at which any specific drug or drugs may be
imported prohibit their import at any other place, and control their import
through any specified agency;
(f) prescribe the evidence to be supplied, whether by accompanying
documents or otherwise, of the quality of drugs sought to be imported,
the procedure of officers, of customs in dealing with such evidence and
the manner of storage at places of import of drugs detained pending
admission;
(g) prescribe the forms of licences for the manufacture for sale of drugs or
any specified drugs or class of drugs, the form of application for such
licences, the conditions subject to which such licence may be
issued, the person under whose signature the same be issued and the
fees payable therefor;
(h) require the date of manufacture and the date of expiry of potency to be
clearly and truly stated on the label and container of any specified drug
or class of drugs and prohibit the sale, stocking or exhibition for sale or
distribution of the s aid drug or class of drugs after the expiry of a
specified period from the date of manufacture or after the expiry date
and prescribe the manner of disposal of such drug or class of drugs;
(i) prescribe the conditions to be obs erved in the packing in bottle,
packages and other containers of drugs and prohibit the sale, stocking
or exhibition for sale or distribution of drugs packed in contravention of
such conditions;
(j) regulate the mode of packing and packaging, including its size,
dimensions, fill and other specifications, the material used therefore and
mode of labelling packed drugs and prescribe the matters which shall or
shall not be included in such lebels or on the leaflets accompanying the
drugs;
(k) require that the non-proprietary or chemical or accepted scientific name
or the proprietary name of any specified drug or any ingredient thereof
shall be displayed in the prescribed manner;
(l) prescribe the requirements and conditions in respect of good practices
in the manufacture and quality control of drugs;
(m) prescribe conditions for distribution of samples for sales promotion of
drugs;
(n) prescribe the procedure for introduction in Pakistan of a new drug;
(o) prescribe terms and conditions of members of the Central Licensing
Board and the Registration Board;
(p) prescribe types of registration of drugs, the form of application for such
registration, the conditions subject to which such registration may be
granted, the m anner of registration and pos t-registration surveillance
and deregistration of registered drugs and the fees payable therefor;
(q) prescribe conditions for registration of indentors, importers, wholesalers
and dist ributors within Pakistan and any establishment within any
foreign country engaged in the manufacture for export of a drug and
prescribe conditions providing effective and adequate means, by
arrangement with the Government of such foreign country or otherwise,
to enable the licensing authority or the Registration Board to determine
from time to time wh ether drugs manufactured in such establishment, if
imported or offered for import into Pakistan, shall be refused admission
where the public interest so requires;
(r) prescribe the form of warranty for manufactured drugs;
(s) specify offences in relation to which the stock of drugs, articles or things
shall be liable to forfeiture under this Act;
(t) prescribe the qualifications, and regulate the procedure for exercise of
powers and performance of functions, of Federal Inspectors;
(u) prescribe the laboratories to which the Federal Inspectors shall submit
samples of drugs taken for the purpose of test and analysis and the form
and procedure for submitting t he report of such test and analysis and
the fee payable therefor, where so required;
(v) prescribe measures for securing and maintaining supplies of drugs at
reasonable prices, conditions to be met in respect of m anufacture,
production, pricing, keeping, movement and disposal of drugs and to fix
prices, commissions, discount of the manufacturer, wholesaler,
distributor, retailer or any oth er dealer of drugs, to control giving of
bonus in cash or kind or in any other manner to any of the said parties
and for collecting or calling for any information, statistics, records or
books with a view to regulating the matters aforesaid;
(w) specify drugs which may be advertised and the conditions subject to
which such drugs may be advertised;
(x) prescribe conditions subject to whi ch small quantities of drugs may be
imported or manufactured or exported for the p urpose of examination,
test or analysis, clinical trial or personal use; and
(y) prescribe any other matter which is to be, or may be, prescribed by the
Federal Government.
(3) The power to make rules conferred by this section shall, except on
the first o ccasion of the exercise thereof, be subj ect to the condition of previous
publication.
80
[43A. Power to delegate.– (1) The Provincial Government may, subject to such
conditions as it may determine, delegate any of its functions to the Provincial Quality
Control Board or to any other person or authority.
(2) The Provincial Quality Control Board may, subject t o such conditions as it
may determine, delegate any of its functions and powers under this Act or the rules to
the Monitoring Committee or any other person or authority.]
44. Power of the Provincial Government to make rules.– (1) The Provincial
Government may by notification in the official Gazette, make rules in respect of the
following matters, namely–
(a) the establishment of laboratories for testing and analyzing drugs 81[and
Therapeutic goods];
(b) the qualifications and the procedure, for exercise of powers and
performance of functions of Provincial Inspectors;
(c) the forms of reports to be given by Gov ernment Analysts and the
manner of application for test or analysis and the fees payable therefor;
(d) the conditions to regulate sale or storage or distribution of drugs 82[and
Therapeutic goods] or any specific drug or class of drugs;
(e) the offences against this Act or any rule in relation to which the stock of
drugs 83[and Therapeutic goods] shall be liable to confiscation and
destruction under this Act;
80Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extra ordinary), dated: 13
February 2017, pp.4519-4525, s.17.
81Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18
December 2025, pp. 3279-3280, s.3(a).
82Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18
December 2025, pp. 3279-3280, s.3(b).
83Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18
December 2025, pp. 3279-3280, s.3(c).
(f) the forms of licences for the sale or distribution of drugs 84[and
Therapeutic goods] or any specified drug or class of drugs, the authority
empowered to issue the same, the form of applications for su ch
licences, the fees payable therefor and the conditions subject to which
such licences may be issued;
(g) the p rocedure to be followed by the Provincial Quality Control Board;
and
(h) any other m atter wh ich is to
be or may be, prescribed by the
Provincial Government.
(2) The power to make rules conferred by this section shall, except on
the first o ccasion of the exercise thereof, be subject to the condition of previous
publication.
45. Repeal and Savings.– (1) The Drugs Act, 1940 (XXIII of 1940), the Drugs
(Generic Names) Act, 1972 (XXIV of 1972), and the Drugs Ordinance, 1976 (IV of
1976), are hereby repealed.
(2) Notwithstanding the repeal of the Drugs Act, 1940 (XXIII of 1940), by
sub-section (1),–
(a) Any licence to manufacture for sale issued thereunder to any person, for
the revalidation of which an application has already been made to the
Central Licensing Board within the date specified by the Federal
Government shall continue to be valid until orders are p assed by the
said Board in this behalf.
(b) Any licence for import or export or sale of drugs issued thereunder to
any p erson, shall, unless it expires earlier un der the terms thereof,
continue to be valid for such periods as the Federal Government, or as
the case may be the Provincial Government may by notification in the
official Gazette, specify in this behalf:
Provided that in case of drugs to be impo rted or exported licences may
continue to be issued under the rules framed under the Drugs Act, 1940, till the
rules under this Act are framed or as the case may be, a date is fixed under sub-
section (6) of section 7 in respect of drugs in the finished form ready for use.
84Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18
December 2025, pp. 3279-3280, s.3(d).This law in the library
Follow the instruments and provisions named in this source edition, and the laws that cite it. Citation links identify the text being referred to; legal effect and current force require separate examination.
Instruments cited by this law 3
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Section 9
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strength or for which any substance has been substituted wholly or in part; (b) "Appellate Board" means the Board constituted under section 9; (c) "batch" means a quantity of any drug produced during a given cycle of manufacture; (d) "batch number" means a designation printed on the label of a drug that identifies
Section 5
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ction history of the batch, including all stages of m anufacture and control, to be traced and reviewed; (e) "Central Licensing Board" means a Board set up under section 5; (f) "counterfeit drug" means a drug the label or outer-packing of which is an imitation of, or resembles or so nearly resembles as to be calculated to deceive, the label or o
Section 16
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ame of a drug as approved by the Federal Government; (l) "Government Analyst" means a Federal Government Analyst or a Provincial Government Analyst appointed under section 16; (m) "import", with its grammatical variations and cognate expressions, means to bring into Pakistan by sea, land or air; (n) "Inspector" means a Federal Inspector or a Provincial Inspector appointed under section 17; (
Section 17
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ions and cognate expressions, means to bring into Pakistan by sea, land or air; (n) "Inspector" means a Federal Inspector or a Provincial Inspector appointed under section 17; (o) "label" m eans a displ ay of w ritten, p rinted or graphic m atter upon the immediate container, or the outside container or wrapper of a drug package; (p) "labelling" means all labels and other written, printed or
Section 11
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Team” means one or more Provincial Drugs Monitoring Team constituted under section 11B of the Act;] (u) "Provincial Quality Control Board" means a Board set up under section 11; (v) "Registration Board" means a Board set up under section 7; (w) "registered drug" means any drug registered under section 7; (x) "rules" mean rules made under this Act; (y) "Drug Court" means a court established under
Section 7
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ed under section 11B of the Act;] (u) "Provincial Quality Control Board" means a Board set up under section 11; (v) "Registration Board" means a Board set up under section 7; (w) "registered drug" means any drug registered under section 7; (x) "rules" mean rules made under this Act; (y) "Drug Court" means a court established under section 31; (z) "specifications" when applied to a drug mean–
Section 7
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Board" means a Board set up under section 11; (v) "Registration Board" means a Board set up under section 7; (w) "registered drug" means any drug registered under section 7; (x) "rules" mean rules made under this Act; (y) "Drug Court" means a court established under section 31; (z) "specifications" when applied to a drug mean– (i) such specifications as may be prescribed; or (ii) when the
Section 31
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on 7; (w) "registered drug" means any drug registered under section 7; (x) "rules" mean rules made under this Act; (y) "Drug Court" means a court established under section 31; (z) "specifications" when applied to a drug mean– (i) such specifications as may be prescribed; or (ii) when the s pecifications are not prescribed, the specifications as contained in the most recent edition of any of th
Section 12
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ision of the Central Licensing Board or the Registration Board or the licensing authority or a Board or Authority to which the powers of the Federal Government under section 12 have been delegated under sub-section (3) of that section and for revision of any such decision on its own motion. (2) The Appellate Board shall consist of such representatives of the Federal Government and the Provincial G
Section 19
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nother Provincial Government shall not be so appointed without the p revious consent of such Government. 18. Powers of Inspectors.– (1) Subject to the provisions of section 19 and of any rules made in this behalf, an Inspector may, within the local limits for which he is appointed, and in any other area with the permission of the licensing authority,– (a) inspect any premises wherein any drug is
Section 18
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his Act, shall apply to searches and seizures made under this Act. 19. Procedure for Inspectors.– (1) Where an Inspector seizes any drug or any other article under section 18, he shall tender a receipt therefor in the prescribed form. (2) Where an Inspector takes a sample of a drug for the purpose of test or analysis, he s hall intimate such purpose in writing in the prescribed form to the perso
Section 32
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istration Board, as the case may be; 33 [*] (iii) the third, where taken, he shall send to the warrantor, if any, named under the proviso to sub-section (3) of section 32 34 [; and] 35 [(iv) the fourth, where taken, he shall send to the person purporting to be its manufacturer or importer, as the case may be.] (4) Where an Inspector seizes any d rug containing any filthy or putrid subs
Section 18
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Board, as the case may be , before which proceedings are institut ed or action is ini tiated in respect of the drug. (5) Where an Inspector takes any action under section 18,– 31Substituted for the word “four” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), dated:15 Novem
Section 30
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n as may be, inform the Board concerned and take its order as to the custody thereof: Provided that where a Federal Inspector is not competent to take action under section 30, he shall as soon as may be report the matter and hand over the stock, if any, to the Provincial Inspector for further action under this Act. (6) The Provincial Inspector on finding any contravention of this Act shall, unle
Section 19
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ug. 22. Reports of Government Analysts.– (1) The Government Analyst to whom a sample of any drug has been submitted for test and analysis under sub-section (3) of section 19 shall deliver to the Inspector submitting it a signed report in quadruplicate in the p rescribed form and forward one copy thereof to the authority as m ay be prescribed.
Section 32
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ver one copy thereof to the p erson from whom the s ample w as taken; (b) forward one copy to the warrantor, if any, named under the proviso to sub-section (3) of section 32; (c) forward one copy to the 38 [Central Licensing Board or, as the case may be, the Registration Board or the Provincial Quality Control Board] for its directions as to the action to be taken on the report; and (d) re
Section 19
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n or in its discretion at the request either of the complainant or the accused, cause the sample of the drug lying with the Board concerned under sub-section (3) of section 19 to be sent for test or analysis to the Federal Drug Laboratory or any other laboratory specified for the purpose by the Federal Government 44 [or the Provincial Government] which shall make the test or analysis and report
Section 7
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espect of any drug which is required to be registered under this Act but is not so registered after the date fixed by the Federal Government under sub-section (6) of section 7 or for a person who do es not possess a licence und er this Act to manufacture that drug. CHAPTER IV OFFENCES, PENALTIES AND PROCEDURE 27. Penalties.– 47 [(1) Whoever himself or by any other person on his behalf: 48
Section 23
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counterfeit drug; or (b) gives to the purchaser a false warranty in respect of any drug sold by him that the drug does not in any way contravene the provisions of section 23 and is not able to prove that, when he gave the warranty, he had good and sufficient reason to believe the same to be true; or (c) applies or permits to be applied to any drug sold, or stocked or exhibited for sale, by him,
Section 27
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56 [27A. False statement.– * * * * * * * * * ] 28. Penalty for subsequent offence.– (1) Whoever having been convicted of an offence under sub-section (1) of section 27 is 57 [convicted for a subsequent] offence under that sub-section shall be punishable with imprisonment for life or with imprisonment which shall not be less than 58 [ten years and with fine which may extend to one hu
Section 27
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tend to one hundred million rupees but which shall not be less than fifty million rupees]. (2) Whoever having been convicted of an offence under sub-section (2) of section 27 is 59 [convicted for a sub sequent] offence und er that sub-section shall be punishable with imprisonment for a term 60 [which may extend to ten years but 61[which shall not to be less than two years and with fine whi
Section 27
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hundred thousand rupees] ]. 62 [(2a) Whoever having been convicted of an offence under subse ction (3a) , subsection (3b), subsection (3c) and subsection (3d) of section 27 , is convicted for a subsequent offence under any of those subsections shall, if the drug is not recalled as prescribed by the Provincial Government, be punishable with imprisonment for a term which shall extend to seven ye
Section 27
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es but which shall not be less than five times the value of the drug taken into custody.] (3) Whoever having been convicted of an offence under sub-section (4) of section 27 is 63 [convicted for a sub sequent] offence und er t hat sub-section shall be 55Omitted ibid. It was earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V
Section 28
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but which shall not be less than three hundred thousand rupees]. 65[28A. Recall of drugs.– A person charged with the commission of an offence under subsection (3) of section 28, shall be deemed to have committed no offence when the drug which is subject of that offence, has not caused any death or physical disability and is recalled as prescribed by the Provincial Government.] 29. Forfeiture.– (1)
Section 27
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lar nature belonging to or in the poss ession of the accused or found with such drug or substance, and if such contravention is punishable under sub-section (1) of section 27, any implements used in manufacture or sale of such drug and any receptacles, packages or coverings in which such drug is contained and the animals, vehicles, vessels or other conveyances, used in carrying such drug, be forf
Section 19
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fied that all the provisions of this Act and the rules with respect thereto have been complied with. 30. Cognizance of o ffences.– (1) Subject to the provisions of section 19, no prosecution shall be instituted under this Chapter except– (a) by a Federal Inspector, where the prosecution is in respect of a contravention of clause (h) of sub-section (1) of section 23 or section 24 or any of the
Section 23
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shall be instituted under this Chapter except– (a) by a Federal Inspector, where the prosecution is in respect of a contravention of clause (h) of sub-section (1) of section 23 or section 24 or any of the provisions of this Act or the rules relating to the import or export of drugs or the manufacture for sale, or sale, of a drug which is not for the time being registered or for the manufacture for
Section 24
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tuted under this Chapter except– (a) by a Federal Inspector, where the prosecution is in respect of a contravention of clause (h) of sub-section (1) of section 23 or section 24 or any of the provisions of this Act or the rules relating to the import or export of drugs or the manufacture for sale, or sale, of a drug which is not for the time being registered or for the manufacture for sale of which
Section 27
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ion of this Act. 66 [(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898): (a) an offence punishable under subsection (1) of section 27 shall be cognizable and non-bailable; 67[(b) * * * * * * * * * * * ] (c) all offences under the Act shall be non-bailable. (2a) No court other than a Drug Court established under the Act shall try an offence punishab
Section 23
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s not make it substandard. (3) A person, not being the manufacturer of a drug or his agent for the distribution thereof, shall not be liable for a contravention of section 23 if he proves– (a) that he did not kno w, and could not with reasonable diligence have ascertained, that the drug in any way contravened the prevision of this Act and th at the d rug while in his possession remained in the
Section 23
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in the prescribed form stating, in particular, the batch number of the drug and signed by such person that the drug does not in any way contravene the provisions of section 23 and that the drug while in his possession was properly stored and remained in the same state as when he acquired it and that the drug has been manufactured by a manufacturer holding a valid licence to m anufacture d rugs a
Section 27
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being in force relating to customs and to goods the import of which is prohibited by or under the Customs Act, 1969 (IV of 1969), shall, subject to the provisions of section 27 of this Act, apply in respect of drugs the import of which is prohibited under this Act, and officers of customs and officers to whom any of the functions of an officer of customs have been entrusted under the said Act shal
Section 41
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such person or suspend such licence for a specified period. 78 [41A. Suspension of license by Provincial Quality Control Board .– (1) Notwithstanding anything in section 41, the Provincial Quality Control Board may, subject to the conditions mentioned in that section, and after affording an opportunity of hearing to the manufacturer and recording detailed reasons including the grounds of suspe
Section 44
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e Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 9. CHAPTER V MISCELLANEOUS 43. Power of Federal Government to make rules.– (1) Subject to section 44, the Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, such rules
Section 14
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ice to the generality of the foregoing provision, such rules may– (a) prescribe the functions of the Federal Drug Laboratory and any oth er laboratory set up under section 14 or specified under section 22 or section 33 and the procedure for the submission to any such laboratory of samples of d rugs for analysis or test, the forms of the laboratory's reports thereon and the fees payable in respe
Section 22
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oregoing provision, such rules may– (a) prescribe the functions of the Federal Drug Laboratory and any oth er laboratory set up under section 14 or specified under section 22 or section 33 and the procedure for the submission to any such laboratory of samples of d rugs for analysis or test, the forms of the laboratory's reports thereon and the fees payable in respect of such reports; and such
Section 33
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sion, such rules may– (a) prescribe the functions of the Federal Drug Laboratory and any oth er laboratory set up under section 14 or specified under section 22 or section 33 and the procedure for the submission to any such laboratory of samples of d rugs for analysis or test, the forms of the laboratory's reports thereon and the fees payable in respect of such reports; and such other matters a
Section 7
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be issued under the rules framed under the Drugs Act, 1940, till the rules under this Act are framed or as the case may be, a date is fixed under sub- section (6) of section 7 in respect of drugs in the finished form ready for use. 84Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordi
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- 85d00a2899de0131da146aa4e464dc3cdb83e75e469246039c2610b3d8c4c405
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- 3797fb1d907ec6c1c8308dd49ca6990d7875a68935548e9617c80d6b9e406bec
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- DRUGS ACT, 1976
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- Punjab — this does not establish territorial applicability.
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- 2026-08-06T16:32:33Z
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- Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
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- punjab-code-504dfa04270e5a96
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- 85d00a2899de0131da146aa4e464dc3cdb83e75e469246039c2610b3d8c4c405