JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records in connection with the impugned notification issued by the 1st Respondent in GSR No.82 (E) published in Gazette of India Extraordinary Part II – Section 3 – Sub section (i), dated 10.02.2011 and quash the same in so far as it relates to item Nos.1 and 3 viz., Nimesulide and Phenylpropanolamine and direct the respondents to review the issue after giving an opportunity to the Petitioner.)

The lis on hand has been instituted questioning the validity of the notification published by the respondents in the Gazette of India on 10.02.2011 prohibiting manufacture, sale and distribution of certain drugs with immediate effect. As per the notification issued by invoking Section 26A of the Drugs and Cosmetics Act, 1940, six drugs were prohibited. Out of the six drugs, the petitioner is confining the challenge only in respect of Serial No.1, which is 'Nimesulide formulations for human use in children below 12 years of age.'

2. The learned counsel for the petitioner relying on the sworn affidavit filed by the petitioner submitted that the