The Supreme Court on Thursday sought a detailed record from Anti-Narcotics Force (ANF) regarding allocation of medicine quota to two pharmaceutical companies by Federal Health Ministry. A three-member bench led by Chief Justice Iftikhar Muhammad Chaudhry was hearing a civil petition filed by the Regional Director ANF, Islamabad versus Rizwan Ahmed Khan and others.
The bench was informed that a quota for an ingredient of a medicine namely 'Ephedrine', used for curing cold, flue and asthma was in violation of all the laid down rules and procedures. The bench was also informed that a quantity of 9000 kilograms was allowed instead of 1000 kilograms to Berlex Labs International and Denis Pharmaceutical. The matter was also raised in National Assembly in 2009 where the then Health Minister Makdoom, Shahabuddin, constituted a committee to formulate its recommendations on the matter.
Later on the recommendation of committee, ANF initiated investigations against Dr Rashid Juma, Iftikhar Ahmed Babar, Rizwan Ahmed Khan, Ihsanur Rehman, Tanvirul Hassan Shirazi, Chaudhry Abdual Waheed, Ansir Farooq Chaudhry, Colonel (Retd) Tahir Alwadood Lahoti, Muhammad Hashim Khan and Tauqueer Ali Khan. At the outset of hearing, Raja Shahid Mehmood Abbasi Counsel for ANF, submitted that Force Commander ANF Brigadier Fahim intended to withdraw his petition.
The Chief Justice inquired from Fahim: "Who gives you the authority to withdraw the case and under what reasons you have decided to withdraw it?... It means there is something is wrong". The CJP asked Fahim: "Are you a sitting brigadier, then why are you scared?" Justice Chaudhary told him that there was a great responsibility on his shoulders.
ANF Force Commander Brigadier Fahim apprised the bench that following the investigation, Touqeer Ahmed Khan's name surfaced. Touqeer, who claimed that he was personal secretary of Ali Mousa Gillani, got approval of the quota against rules and regulations.Upon the direction of the Chief Justice, Brigadier Fahim read out the inquiry committee report and said that both the above mentioned pharmaceutical companies misused the quota and sold it out to smugglers instead of using it for 'Ephedrine'.
According to the report, every pharmaceutical company is entitled to get a quantity of 500 kilograms quota of the ingredient used in the manufacture of 'Ephedrine' tablet. By ignoring the 20 pharmaceutical companies, the Federal Ministry for Health granted quota of 9,000 kilograms to Berlex Labs International and Denis Pharmaceutical.
During the proceedings, Investigation Officer/Deputy Director ANF told the court that he issued a notice to Ali Mousa Gilani on March 12, 2011 to appear before the committee because Toqueer Ali Khan used to claim that he was a private secretary to Musa Gilani, but neither Ali Mousa Gilani nor Touqeer Ali Khan have appeared before the panel so far.
A letter written by sitting federal health secretary Zafar Abbas to ANF was also read out. It said evidence against Touqeer Ali Khan S/o Shaukat Ali Khan or the political figure (Ali Mousa Gilani) in the subject matter be brought for prior approval for proceedings. Later on the bench adjourned the hearing till April 20.
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