Drug Action Forum and Others Vs. Union of India and Others
EmailAppeal: Writ Petitions (C) No. 698 of 1993 with No. 422 of 1995
Petitioner: Drug Action Forum and Others
Respondent: Union of India and Others
Apeal: Writ Petitions (C) No. 698 of 1993 with No. 422 of 1995
Judges: J.S. VERMA, C.J.I., B.N. KIRPAL & S.P. KURDUKAR, JJ.
Date of Judgment: Jul 05, 1997
Head Note:
DRUG AND COSMETIC
Earlier order dated 24.2.1997 – Modified – Export of fixed dose combinations of Analgin. Held permitted on same terms and conditions, with regard to all stock manufactured prior to 17.12.1997. Ban on manufacturing to continue. (Paras 1, 2)
Earlier order dated 24.2.1997 – Modified – Export of fixed dose combinations of Analgin. Held permitted on same terms and conditions, with regard to all stock manufactured prior to 17.12.1997. Ban on manufacturing to continue. (Paras 1, 2)
JUDGEMENT:
ORDER
1. Having heard Mr. F.S. Nariman, Mr. N.N. Goswamy, Senior Advocates and Mr. Prashant Kumar, Advocate, we modify the earlier order dated 24-2-1997 as under :
The permission granted by the order dated 24-2-1997 for export of the fixed dose combinations of Analgin known by any brand name manu-factured by any of the companies in India and the entire existing stock with them as of today is permitted in the same manner and subject to the same terms and conditions as indicated in the order dated 24-2-1997 with regard to the stock of the drugs manufactured prior to 17-12-1997. The earlier order dated 24-2-1997 stands modified to this extent only.
2. We have also considered the submission of some of the learned counsel that the date of the imposition of the ban on manufacture of the fixed dose combinations of Analgin known by any brand name, be postponed in view of certain observations made in Core Group recommendations. We are not satisfied that any relaxation should be granted in this respect. The earlier order relating to imposition of ban on manufacture of fixed dose combi-nations of Analgin known by any brand name is, therefore, to continue.
3. All the IAs are disposed of in terms of the above order.
4. List the petitions on 20-8-1997.
1. Having heard Mr. F.S. Nariman, Mr. N.N. Goswamy, Senior Advocates and Mr. Prashant Kumar, Advocate, we modify the earlier order dated 24-2-1997 as under :
The permission granted by the order dated 24-2-1997 for export of the fixed dose combinations of Analgin known by any brand name manu-factured by any of the companies in India and the entire existing stock with them as of today is permitted in the same manner and subject to the same terms and conditions as indicated in the order dated 24-2-1997 with regard to the stock of the drugs manufactured prior to 17-12-1997. The earlier order dated 24-2-1997 stands modified to this extent only.
2. We have also considered the submission of some of the learned counsel that the date of the imposition of the ban on manufacture of the fixed dose combinations of Analgin known by any brand name, be postponed in view of certain observations made in Core Group recommendations. We are not satisfied that any relaxation should be granted in this respect. The earlier order relating to imposition of ban on manufacture of fixed dose combi-nations of Analgin known by any brand name is, therefore, to continue.
3. All the IAs are disposed of in terms of the above order.
4. List the petitions on 20-8-1997.
