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1992 Supreme(P&H) 420

JAWAHAR LAL GUPTA
Franklin Laboratories (India) Private Limited Pharmaceuticals manufacturers – Appellant
Versus
Drugs Controller (India) Showing His Office At Director General Of Health Services, New Delhi – Respondent


Judgment

1. This bunch of 17 petitions viz. C.W.Ps. Nos. 7749, 8393, 9409, 9418, 12222 to 12224, 12328, 12329, 12298, 12299, 13076, 13212, 13933, 14613, 18350 and 18887 of 1991 raise a challenge to the validity of the notification (s) issued by the Central Government banning the manufacture etc. of various fixed dose combinations of drugs. Learned counsel for the parties are agreed that these petitions can be disposed of by one common order. The facts as stated in C.W.P. No. 7749 of 1991 may be briefly noticed.

2. The petitioner herein is a Company engaged in production, sale and distribution of various drugs and pharmaceutical products. It is producing various sedative, anxiolytic, hypnotic, analgesic and antipyretic drugs in different combinations. It claims to have been granted the permission to manufacture various products included in Schedule X to the Act. It is claimed that these products are of great utility and therapeutic value to the patients. It is further claimed that the petitioner-Company has been licenced under the provisions of the Drugs and Cosmetics Act, 1940, (hereinafter referred to as the Act). It has been further mentioned that the Government of India had const












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