The Appellate Division of the Supreme Court on Wednesday upheld a ban on importing pharmaceutical raw materials and selling foreign medicines without prior approval from the Ministry of Health and Family Welfare.
Appellate Division vacation judge Md Rezaul Haque rejected the government鈥檚 plea to stay the High Court鈥檚 April 29 order, which barred pharmaceutical companies from importing raw materials and selling foreign medicines without proper authorisation from the ministry.
The Appellate Division, however, stayed another part of the High Court鈥檚 order requiring the ministry to submit a report on actions taken against companies involved in unauthorised imports and sales of foreign products.
The chamber judge鈥檚 decision followed a petition by the government seeking permission to appeal and suspend the High Court鈥檚 directives concerning the ministry鈥檚 responsibilities.
The High Court had issued its order following a writ petition filed by Alamgir Kabir, member secretary of the Consumers Association of Bangladesh. Jyotirmoy Barua, the CAB counsel, argued that pharmaceutical companies were importing raw materials and foreign medicines without government approval and were arbitrarily setting prices without official oversight.
Under the Drug and Cosmetics Act 2023, Jyotirmoy contended, the government is required to publish gazettes specifying the maximum allowable prices for all kinds of drugs, and imported medicines and raw materials.
He said that the law also prohibited pharmaceutical companies from selling medicines and raw materials above the regulated prices.
No such gazettes, however, have been issued to date, Jyotirmoy argued.
Attorney general Md Asaduzzaman, representing the ministry, contended that life-saving drugs, including vaccines, anti-cancer medications, and insulin, could not be imported due to the High Court鈥檚 embargo, as the ministry had stopped granting necessary pricing approvals.
He further emphasised that the public was suffering from high prices and dwindling stock as 160 pharmaceutical companies relied on these imports.
The Appellate Division also directed the government to expedite the hearing of the High Court鈥檚 ruling on the CAB鈥檚 writ petition on the issue.
