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Drugs (Prices Control) Order
Drugs (Price Control) Order, 1995-Bulk drug Pentazocine—Exemption Certificate
Drugs (Price Control) Order, 1995-Bulk drug Pentazocine—Exemption Certificate
Meaningful purpose could be achieved only if the construction of the notification as indicated hereinabove is adapted and no other - First respondent is a Pharmaceutical company and is engaged in the manufacture inter alia, of the bulk drug Pentazocine in the formulation of Pentazocine injection with the brand name ‘ Fortwin’, sale nad marketing of the said drug is controlled by the Drugs (Price Control) Order, 1995—the said order has been made by the Central Government in exercise of its powers under Section 3 of the Essential Commodities Act, 1955—Pentazocine is used for a patient suffering from traumatic pain. The Central Government must be held to have applied its mind before issuing the exemption notification—whether the exemption notification would apply in respect of drugs which were manufactured upto 31st October, 1999 or manufactured and sold upto the said date. The exemption granted is in respect of what. It is in respect of a drug manufactured by a company. What is marketed for sale is the drug manufactured. Manufacture of a drug is controlled by a different statute, namely the Drugs & Cosmetics Act, 1940. Process of marketing the drug as also the maximum price which can be charged have direct relation with manufacture and also the date thereof. The wrapper/ foil/ containers in which the drug is marketed contains several information’s for the general public; one of them being the date of manufacture and the retail price—meaningful purpose could be achieved only if the construction of the notification as indicated hereinabove is adapted and no other.
Union of India vs. M/s Ranbaxy Laboratories Ltd and others, Supreme Court of India, 2008 (2) Drugs Cases (DC) 214

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