Step-by-Step Guide: Filing an Appeal Before the Drug Appellate Tribunal in Islamabad & Peshawar

Drug regulation in Pakistan falls under the ambit of the Drug Regulatory Authority of Pakistan (DRAP), established to ensure the quality, safety, and efficacy of medicines. When disputes arise from licensing, registration, manufacturing, or penalties imposed by DRAP or provincial authorities, the law provides a specialized forum for appeal: the Drug Appellate Tribunal. For individuals and pharmaceutical companies in Islamabad and Peshawar, knowing the exact procedure of filing an appeal before the Tribunal is essential for protecting legal and commercial interests.

Legal Framework of the Drug Appellate Tribunal

The Drug Act, 1976 and subsequent rules framed under it provide for the establishment of Drug Appellate Tribunals at the federal and provincial levels. These tribunals are quasi-judicial bodies with powers to hear appeals against orders passed by the Drug Courts or by drug inspectors and licensing authorities. In Islamabad and Peshawar, the relevant tribunals exercise jurisdiction over matters arising in their respective regions, offering a specialized platform to resolve regulatory disputes.

Who Can File an Appeal?

Any aggrieved person, including pharmaceutical companies, wholesalers, retailers, or licensed manufacturers, may file an appeal before the Tribunal. The right to appeal arises when a party is dissatisfied with an order passed under the Drug Act, 1976, such as cancellation of license, refusal of registration, imposition of fines, or confiscation of stock.

Step 1: Obtain a Certified Copy of the Impugned Order

The process begins by obtaining a certified copy of the order being challenged. This document forms the foundation of the appeal, as it specifies the decision of the authority and the grounds upon which the appellant can contest it.

Step 2: Draft the Memorandum of Appeal

The appellant must prepare a memorandum of appeal, clearly setting out the grounds of challenge. These grounds may include misapplication of law, lack of jurisdiction, procedural irregularities, or disproportionality of penalties. The memorandum must also provide supporting evidence and documents relevant to the case, such as licenses, approvals, inspection reports, and correspondence with authorities.

Step 3: Filing the Appeal within Limitation Period

The Drug Act prescribes a specific limitation period, usually thirty days from the date of the impugned order, within which the appeal must be filed. Appeals are submitted to the registrar of the Tribunal in Islamabad or Peshawar, along with the prescribed fee and necessary documents. Failure to file within this period can result in dismissal unless the Tribunal condones the delay for sufficient cause.

Step 4: Serving Notice to the Respondent Authority

Once the appeal is filed, the Tribunal issues notice to the relevant respondent, such as DRAP, the licensing authority, or the drug inspector who passed the order. This ensures that both sides are represented and given an opportunity to be heard.