The Lahore High Court (LHC) has restored a Rs300,000 fine imposed on a man for providing allopathic treatment without authorisation, ruling that a dispenser’s certificate does not permit independent medical practice.
Justice Munawar Iqbal Dogar issued a 10-page judgment on a petition filed by the Punjab Healthcare Commission (PHC), declaring void a Faisalabad district judge’s decision that had set aside the fine.
The court held that the PHC’s hearing committee is legally empowered to impose fines under the relevant law.
According to the judgment, holding a dispenser’s certificate does not authorise an individual to independently provide allopathic treatment. Similarly, a drug sale licence only permits the sale of medicines and does not allow its holder to administer injections or treat patients.
The court noted that used syringes and injections were recovered during action against the man, while his admission that he had administered injections was also part of the record.
Justice Dogar observed that establishing unauthorised medical treatment does not necessarily require producing a patient before the court or recovering a prescription, as other available evidence and records can also be considered.
The judgment further stated that the PHC hearing committee is the competent authority to impose the penalty under the applicable laws.
The court also ruled that once a fine is paid without protest, an appeal against the penalty is no longer maintainable.
The LHC consequently set aside the Faisalabad district judge’s decision and restored the Rs300,000 fine imposed by the PHC on June 22, 2021.
