28/02/2026
Lex-Nexus Attorneys Limited Secured Landmark Victory Before The Hon’ble Islamabad High Court
where the Hon’ble Court quashed a Show Cause Notice issued by the Quality Control Board under Rule 4(3) of the Islamabad Capital Territory Drugs Rules, 2013.
The Hon’ble Court held that the impugned notice had been issued without lawful authority and jurisdiction. It was observed that the Show Cause Notice was issued after the registration of an FIR and submission of a Challan before the Drugs Court, which was clearly beyond the temporal framework prescribed under Rule 4(3). The Rule contemplates a pre-prosecution administrative stage; however, in the present case, criminal prosecution had already been set in motion.
The Court further held that the notice was inapplicable to the Petitioners, who were traders in tires and drivers by profession, as they were not licensed entities under the Drugs Act or the relevant Rules. The issuance of notice under a provision relating to licensed entities reflected non-application of mind.
The Hon’ble Court found that the Respondents’ action amounted to a jurisdictional misadventure. The Show Cause Notice was issued in deviation from the sequential statutory procedure outlined in Rule 4(3), rendering it procedurally ultra vires. The parallel administrative proceedings created an untenable situation by subjecting the Petitioners to a dual adjudicatory process for the same alleged act.
Importantly, the grounds raised by the Petitioners in the Writ Petitions were fully accepted by the Hon’ble Court, and the judgment substantially reflects and affirms the very legal grounds agitated before the Court.
Consequently, the Show Cause Notice dated 12.06.2025 was declared illegal, void ab initio, and of no legal effect, and was accordingly quashed. The Respondents were restrained from taking any further action on the basis of the quashed notice. The Court clarified that the pending criminal prosecution before the Drug Court shall proceed independently in accordance with law.
The judgment was passed by Muhammad Azam Khan, J., and delivered on 06.02.2026 in Writ Petition Nos. 2686 to 2689 of 2025. The petitions were filed against the Ministry of National Health Services Regulations and Coordination and another, and were successfully argued by Mr. Zarak Khan, Advocate.
