The DCO/Authority through District Officer Health, Sahiwal filed the reference/claim U/s 23 (4) of the Punjab Consumer Protection Act 2005 with allegations that the defendant Amjad Hussain was involved in illegal medical practice. He had relied upon the report of DO (H) wherein it was mentioned that the defendant being quack was involved in illegal medical practice. Following medicines/instruments were recovered from his clinic.
1. Dental Forcep
2. Scizer
3. Dental Inspection Mirror
4. Denture of plaster of Paris
5. Dental Scaler The statement of District Officer (H) and defendant were recorded separately. Dr. Shahid Nazir District Officer (h) Sahiwal stated as under "Statement of Dr. Shahid Nazir District Officer Health, Sahiwal.
I visited the clinic of the defendant on 12-12-11. Following instruments relating to dental surgery were found lying there
1. Dental Forcep
2. Scizer
3. Dental Inspection Mirror
4. Denture of plaster of paris
5. Dental Scaler allegations leveled in the claim. According to them, the Dr. Kalim Ashraf, the patient. The presence of above mentioned instruments gave an impression as if the defendant was involved in dental practice. However, no solid evidence in this regard was available at the spot."
The statement of the defendant was also recorded which is reproduced below for convenience.
"Statement of Amjad Hussain defendant.
I am running a shop and not a clinic. In the said shop I also sale dental instruments which are purchased by different doctors practicing on dental side. I am not a dental doctor nor I ever attended any patients nor provided them medicines. However, I undertake to stop selling the dental instruments mentioned in the reference or other instruments falling under Allopathic Ordinance LXV 1962. I shall run my shop only without keeping/selling dental instruments."
The perusal of the statement of DO (H) and the defendant, if read with reference made by the said DO (H), would show that only instruments and not medicines were taken into possession by him and at the time of visiting the shop of the defendant on 12-12-2011, the DO (H) could not collect any evidence showing as if defendant was involved in providing medical /dental treatment to any patients or giving them medicines. There was no evidence to the effect that the defendant was treating dental patients. It therefore appears that the defendant was simply selling dental instruments to doctors dealing in dental practice and that too was not desirable as the defendant was not an expert in the field nor he has acquired any qualification to do any business following under Allopathic Ordinance LXV 1962. The selling of dental instruments by ordinary shopkeeper was illegal.
In the light of statements of both the parties and visit report of DO (H) dated 12-12-11, the reference is disposed of in terms that the defendant shall stop selling dental instruments forthwith. The Authority shall check/inspect the shop of the defendant frequently to see as if the defendant has closed his business of selling dental instruments. The defendant is warned to remain careful in future. He is restrained to sale dental instruments. If the defendant failed to follow the statement made in the Court and order passed today, he shall be prosecuted and punished in-accordance with law. The Registrar of this court is directed to send the copy of the order to DCO/Authority for compliance & information.
File be consigned after its due completion.