S.RAVINDRA BHAT, A.K.CHAWLA
BGP Products Operations Gmbh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
S. RAVINDRA BHAT, J.
"Youth fades; love droops; the leaves of friendship fall. A mother's secret hope outlives them all." --Oliver Wendell Holmes.
1. This common judgment disposes of a batch of writ petitions challenging the validity of a notification; the writ petitioners complain that the impugned notification endangers the lives of pregnant women and young mothers. The said notification [GSR 411(E) : dated 27.04.2018 (hereafter "impugned notification"]was issued by the Union of India and the Ministry of Health & Family Welfare (the first two Respondents, referred to variously as "MHA" and "UOI" respectively), acting through the third respondent in exercise of the powers under Section 26A of the Drugs and Cosmetics Act, 1940 (hereafter the "Act").The notification prohibited the manufacture and distribution for domestic use, of the essential drug OXYTOCIN injection for human use, by private sector companies, including the Petitioners. The Petitioners also challenge the validity of an Office Memorandum dated 21.05.2018 in File No. X-11026/103/2018-BD (Annexure P-31-he
Commissioner of Police v. Gordandas Bhanji AIR 1952 SC 16
E Merck (India) Limited v. UOI 2001 (90) DLT 16
Franklin Laboratories India v. Drugs Controller (India) Limited AIR 1993 P&H 107
Akadasi Pradhan v. State of Orissa and Ors. AIR 1963 SC 1047
Tinsukhia Electric Supply Co. Ltd. v. State of Assam and Ors. 1989 (3) SCC 709
Directorate of Film Festivals v. Gaurav Ashwin Jain and Ors. 2007 (4) SCC 737
Glass Chatons Importers & Users v. Union of India AIR 1961 SC 1514
M/s. Daruka & Co. v. UOI and Ors. AIR 1973 SC 2711
K. Ramanathan v. State Of Tamil Nadu & Anr. AIR (1985) SCC 660
K. Ramanathan v. State of T.N. and Anr. (1985) 2 SCC 116
Gujarat Urja Vikas Nigam Limited vs. Tarini Infrastructure Ltd. & Ors. 2016 (8) SCC 743
Hindustan Paper Corporation Ltd. v. Govt. of Kerala (1986) 3 SCC 398
Narender Kumar v. Union of India
Shri Sitaram Sugar Mills Company v. Union of India (1990) 3 SCC 223
Khoday Distilleries v. State of Karnataka 1996 (10) SCC 304
Essel Steel Ltd. v. Union of India 2016 (11) SCC 1
Shri Sitaram Sugar Co. Ltd. v. Union of India 1990 (3) SCC 223
Khoday Distilleries v. State of Karnataka 1996 (10) SCC 304
Balco Employees Union v. Union of India
State of Orissa v. Gopinath Dash 2005 (13) SCC 495
Akhil Bharat Goseva Sangh v. State of Andhra Pradesh 2006 (4) SCC 162
Om Kumar v. Union of India (2001) 2 SCC 386
Coimbatore District Central Coop. Bank v. Employees Association (2007) 4 SCC 669
State of Tamil Nadu v. P. Krishnamoorthy (2006) 4 SCC 517
Sharma Transport v. Government of Andhra Pradesh (2002) 2 SCC 188
Teri Oat Estates (P) Ltd. v. U.T. Chandigarh (2004) 2 SCC 130
Uday Singh Dagar and Ors. v. UOI and Ors. 2007 (10) SCC 306
Union of India v. Pfizer Limited 2018 (2) SCC 39
Union had cited Md. Serajuddin v. State of Orissa (1975) 2 SCC 47
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