1. Export of banned drug stocks manufactured prior to a specific date and completion of tasks by a designated Core Group. (Para 1 , 2 )
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1997 Supreme(SC) 353
SUPREME COURT OF INDIA
B N Kirpal, J S Verma
DRUG ACTION FORUM AND OTHERS, PETITIONERS
VERSUS
UNION OF INDIA AND OTHERS, RESPONDENTS.
W.Ps. (C) No. 698 of 1993 with No. 422 of 1996, decided on February 24, 1997.
The court's decision is influenced by the Government Export Policy and the assurance of strict monitoring by the Central Government.
Headnote:
Export Policy - Drug Manufacturing - Court allows export of banned drugs to foreign countries under strict monitoring by the Central Government
Fact of the Case:
The manufacturers have furnished particulars of existing stock of drugs manufactured prior to a certain date, and the authorities have no objection to the export of these drugs to foreign countries where their consumption is not banned.
Finding of the Court:
The court allows the manufacturers to export the certified stock of banned drugs to foreign countries under strict monitoring by the Central Government.
Issues: Export of banned drugs, compliance with Government Export Policy
Ratio Decidendi: The court's decision is based on the statement of the learned Additional Solicitor General and the assurance that the Central Government will monitor strict compliance to ensure that the banned drugs are utilized only for export to foreign countries where their consumption is not banned.
Final Decision: The manufacturers are allowed to export the certified stock of banned drugs to foreign countries under strict monitoring by the Central Government.
Legal Category Hierarchy
Table of Contents
2. Submission regarding the timeframe for task completion by a Core Group and the permissibility of exporting certified banned drug stocks to non-banning countries. (Para 1 , 2 )
3. The court observed that the Central Government must ensure strict compliance to prevent the internal consumption of banned drug stocks permitted for export. (Para 2 )
4. Certified stocks of banned drugs manufactured prior to a specific date may be exported to countries where such drugs are not prohibited, subject to government monitoring. (Para 2 )
5. Core Group directed to complete tasks by a specified date; manufacturers permitted to export certified banned drug stocks to non-banning countries per Export Policy. (Para 1 , 2 )
6. Under what conditions can banned drugs be exported if they were manufactured before the ban?
Banned drugs may be exported if they were manufactured prior to the ban date, are duly certified by competent authorities, and are sent to countries where the consumption of such drugs is not prohibited. (Para 2 )
7. Who is responsible for ensuring that banned drugs permitted for export are not used domestically?
The Central Government, through its agencies, is responsible for monitoring strict compliance to ensure that no part of the certified stock of banned drugs is utilized for internal consumption within the country. (Para 2 )
8. Can a court grant an extension for the completion of tasks assigned to a government-constituted group?
Yes, the court may request a group to complete assigned tasks within a specified timeframe based on information provided by the government regarding the adequacy of the period required. (Para 1 )
ORDER
1. The learned Additional Solicitor General informs us that the Core Group has indicated that the period of three months would be adequate for completion of the task by them as required by the earlier order dated 12-2-1997. Accordingly, we request the Core Group to complete the task as expeditiously as possible and latest by the end of 31-5-1997. The learned Additional Solicitor General will give this intimation to the Core Group through its Convenor.
2. We are also informed by the learned counsel that the particulars of the existing stock of the drugs manufactured prior to 17-12-1996 as required by the earlier order dated 12-2-1997 have been furnished by the manufacturers and the same is in the process of certification by the competent authorities. The learned Additional Solicitor General also states on instructions that there is no objection by the authorities concerned to the export of fixed dose combinations of Analgin known by the brand names - Baralgan (Baralgin), Spasgan and Trigan Injection and Trigan E Tables - which have been manufactured by some of the companies prior to 17-12-1996 to some foreign countries wherein consumption of the same is not banned of the quantity duly certified by the competent authorities; and that the Central Government through its agencies will monitor strict compliance of the same ensuring that no part of such stock of these banned drugs would be utilised for internal consumption within the country. In view of this statement of the learned Additional Solicitor General, we allow these manufacturers to approach the authorities concerned to allow them to export the certified stock of such drugs manufactured prior to 17-12-1996 to the foreign countries wherein consumption of the same is not banned in accordance with the Governments Export Policy. The Central Government would be responsible for ensuring that the certified stock of these drugs is utilized only in this matter.
3. List on 14-4-1997.
Court Masters
