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1987 Supreme(Bom) 384

S.M.DAUD
Unichem Laboratories Ltd. . & another – Appellant
Versus
Union of India – Respondent


JUDGMENT - S.M. DAUD, J.:---This petition under Article 226 of the Constitution impugns the notification dated 22 November, 1985, where by the use of Anabolic Steroid with other drugs has been completely prohibited in purported exercise of the power conferred upon the Central Government by section 26-A of the Drugs and Cosmetics Act. 1940 (Act No. 23 of 1940) hereinafter referred to as 'the Drug Act'.

2. Petitioners are pharmaceutical company engaged in the manufacture of a variety of drugs and pharmaceutical products one of the products manufactured by them is a drug known as 'Trinergic'. The product is brought out in two forms, viz. capsules and injections, Trinergic is a combination of Anabolic Steroid known as Methanoienone and Vitamin B-1, B-6 and B-12, M/s. Ciba Geigy of Basle, Switzerland took a decision to withdraw their Anabolic Steroid, a preparation of Methandienone being marketed under the brand name 'Dienabol' from the world market. Their Indian subsidiary informed the Director General of Health Services of this decision and the reason indicated by them to the Drugs Controller was thus :---

"Clinical evaluation has indicated that the balance between clinical benefit on































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