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2018 Supreme(Del) 3282

S.RAVINDRA BHAT, A.K.CHAWLA
BGP Products Operations Gmbh – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Appellant :C.S. Vaidianathan, Jayant Bhushan, Sr. Advocates, Gayatri Roy, Soumili Das, Anirudh and Amit Panigrahi, Advocates
For the Respondent:Tushar Mehta, SG, Maninder Acharya, ASG, Kirtiman Singh, CGSC, Ripu Daman Bhardwaj, CGSC, Rishikant Singh, Waize Ali Noor, Sahil Sood, Harshul Choudhary, Shruti Dutt, Vikramaditya Singh and Viplav Acharya, Advocates

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

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