Both the writ petitions challenge a notification issued by the Union of India, Ministry of Health and Family Welfare, imposing a ban on the manufacture, sale and distribution of a drug by name "Gatifloxacin".

2. I have heard Mr.G.Masilamani, learned Senior Counsel as well as Mr.R.Muthukumaraswamy, learned Senior Counsel appearing for the petitioners in both the writ petitions and Mr.G.K.R.Pandian, learned Central Government Standing Counsel for the respondents.

3. The Drugs Technical Advisory Board constituted by the Central Government in terms of Section 5(1) of the Drugs and Cosmetics Act, 1940, in its 58th Meeting held on 9.11.2009, took up for consideration, under Agenda item No.8, the proposal to reexamine continued marketing of 6 drug formulations, which were reported to be prohibited or restricted in certain countries. The drug formulations taken up for review are as follows:-

1. Nimesulide (analgesic)

2. Phenylpropanolamine (PPA) (decongestant)

3. Gatifloxacin (antibiotic)

4. Tegaserod (for irritable bowel syndrome in female)

5. Deanxit (FDC of Flupenthixol and melitracen) for psychogenic depression

6. Placenta Extract

4. The Drugs Technical Advisory Board (DTAB)