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 Case Digest

Constitution of India
Article 226
Article 226
Appeals by special leave- against the judgment of Bombay High Court by the manufacturers- importers of certain bulk drugs and their formulation. - The bulk drugs concerned are seven in number- the challenge is to the inclusion of the said bulk drugs in the first schedule to the Drugs (Price Control) Order, 1995- the immediate provocation for filing the writ petitions in the High Court seems to be the notices issued by the National Pharmaceutical Pricing Authority, calling upon some of the Respondent- Companies to deposit the overcharged amounts in relation to the formulations of scheduled drug- the notices demanding overcharged amounts were quashed. The writ petitions were thus allowed by the Division Bench of High Court-held the judgment of the High Court is set aside and the writ petitions out of which these appeals arise shall stand restored to the file of the High Court and the High Court will have to consider afresh the relevant aspects concerning the criteria laid down in para 22.7.2 of the Drugs Policy, 1994 in relation ot each drug, having due regard to the observations made in the judgment. The High Court may endeavor to expedite hearing to the petitions.
Secretary, Ministry of Chemicals & Fertilizers vs. M/s Cipla Ltd., SUPREME COURT OF INDIA, 2003 Drugs Cases 256
Article 226
The petitioner claims to be ayurvedic Vaidyar running ayurvedic Vaidyasala and certain medicines which are prescribed for the patients - case of the petitioner is that the authorities are indiscriminately destroying all the bottles that are in the pharmacy and that the petitioners are not selling the medicines to the public but only to the patients - alcohol in the garb of Ayurvedic medicine being sold - held if the respondents have reason to believe that the petitioners are selling spurious preparations and alcoholic preparations in the guise of medicines, and the sale is not only to patients, but to others, they have the liberty to deal with them in accordance with law
S. Anandaraj vs. The Superintendent of Police and other, MADRAS HIGH COURT 2003, Drugs Cases 14


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