In its 82-page verdict, the court said no power has been

In its 82-page verdict, the court said no power has been

ZCZC
PRI ECO GEN LGL NAT
.NEWDEL LGD23
HC-LD DRUGS 2 LAST
In its 82-page verdict, the court said no power has been
vested with the government under the Drugs Act to choose not to consult DTAB, DCC and Central Drugs Laboratory.
“Even otherwise it defies logic as to why would the central government, when has available to it the machinery (DTAB and DCC) provided under the Drugs Act itself to discharge the functions of a technical nature under section 26A, would, instead of using the said machinery choose to follow another course of action,” it said.
The court also noted that while in these proceedings the Centre contended that before issuing the notification under section 26A it was not required to consult the DTAB, it has itself been in the past seeking the advice of DTAB.
“Such inconsistent stand is not understandable,” it said.
“To say the least, the central government, though acting in public interest, seems to have gone about it in a haphazard manner. It claims the FDCs, for manufacture of which licences were issued by state licensing authorities between September, 1988 and 1st October, 2012 without the same having approval of the Drugs Controller, were wrongly granted such licences.
“However, instead of taking action for cancellation of said licences, the manufactures were asked to apply for licences to the Drugs Controller, while continuing to manufacture the drugs for which according to the central government licence was wrongly given,” it said.
The court had on March 14 stayed the operation of the Centre’s decision with regard to medicines of several pharma majors.
The government had banned the 344 FDC drugs on the ground that they involve “risk” to humans and safer alternatives were available.
It had also said that the banned FDCs had no “therapeutic justification”.
Some of the well-known medicines on which the ban on sale has been lifted include Pfizer’s Corex cough syrup, Glaxo’s Piriton expectorant and Crocin Cold, P&G’s Vicks Action 500 extra, Reckitt’s D’Cold, Piramal’s Saridon, Glenmark’s Ascoril and Alex cough syrups, Abbott’s Phensedyl cough syrup and Alembic’s Glycodin cough syrup. PTI HMP PPS SC
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