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2005 SCMR 1801

Messrs JOHNSON AND JOHNSON PAKISTAN LTD. vs GOVERNMENT OF

Citation2005 SCMR 1801
CourtSupreme Court of Pakistan
Case No.Civil Petition No,855-K of 2004
Date2005-07-12
Judge(s)Iftikhar Muhammad Chaudhry, M. Javed Buttar
ResultLeave granted

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- This petition for leave to appeal has been filed against the judgment, dated 24th August, 2004, passed by High Court of Sindh, Karachi, whereby C.P.D. No,157 of 1993 filed by petitioner has been dismissed.

2. We have heard learned counsel for parties and have also gone through the impugned judgment carefully. Leave to appeal is granted, inter alia, to examine as to whether "sutures material" falls within the definition of drugs under section 3(g)(ii) of the Drugs Act, 1976 and the judgment of this Court in the case of Glaxo Laboratories of Pakistan Ltd. v. Federation of Pakistan PLD 1992 SC 455; and if it is so, whether the Sales Tax shall be charged under heading 30.03 or 30.05 of the Pakistan Customs Tariff Schedule.

' As short point is involved in this matter, therefore, office is directed to fix the appeal arising out of instant petition in the month of January, 2006.

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