( 1 ) THE instant appeal is directed against a Judgment and order dated 14-2-97 reported in AIR 1997 Cal 186 passed by a learned Single Judge in C. O. No. 5043 (W) of 1996 whereby and whereunder the Notification No. G. S. R.-793 (E), issued under Section 26a of the Drugs and Cosmetics Act, 1940 (in short the Act) and published in the Gazette dated 13th December, 1995 was quashed and set aside.

( 2 ) BY the impugned Notification dated 13th December, 1995 a prohibition on manufacture, sale and distribution of fixed dose combination of Hydroxyquinoline group of drugs with any other drug, except for preparations meant for external use, was imposed.

( 3 ) THE impugned Notification has been issued in exercise of the power vested in the Central Government under Section 26a of the Act which reads as under :-"power of Central Government to prohibit manufacture, etc. of drug and cosmetic in public interest.- Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be clai

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