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2001 Supreme(Ker) 180

R.RAJENDRA BABU
Uni-San Pharmaceuticals – Appellant
Versus
Union of India – Respondent


Judgment :-

R. Rajendra Babu, J.

The petitioners Uni-San Pharmaceuticals, Hyderabad, and M/s. Pharma Trades, Jews Street, Ernakulam, filed this O.P. for quashing Ext. P1 notification issued by the 1st respondent under S.26-A of the Drugs and Cosmetics Act, 1940 thereinafter referred as the Act) prohibiting the manufacture, sale and distribution of fixed dose combination of Hydroxyquinoline group of drugs with any other drug except for preparations meant for external use and also for quashing Ext. P2 complaint filed by the 4th respondent before the J.F.C.M. Court-II, Kochi, for violation of S.26-A punishable under S.28(3) of the Act.

2. The 1st petitioner is a proprietary concern engaged in the manufacture and sale of drugs by virtue of a licence issued by the Director of Drugs Control Administration, Government of Andhra Pradesh, Hyderabad, and the 2nd petitioner is engaged in the purchase, storage, sale and distribution of drugs. The 1st petitioner was manufacturing various drugs including "maxaquin" tablets with the following formula:

"Metronidazolel. P. 200 mg. D1- iodohydroxy quinoline IP-250 mg Dl Cyclomine Hydrochloride bp.smg Colour-Tartrazine"

The 1st respondent by Ext. P1 noti












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