Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1940 - s. 26A Drugs and Cosmetics Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Drugs and Cosmetics Act, 1940 - s. 26A - Powers of Central. Government to prohibit manufacture, etc., of drug and cosmetic inpublic interest - Exercise of - Prior consultation with DrugsTechnical Advisory Board (DTAB) set up u/s. 5 - Mandatory or not- Held: s. 26A is an additional power which must be governed byits own terms - Section 26A has to be read with the rest of the DrugsAct - Unlike s. 6(2), s. 8(2), second proviso to s. JO, proviso to s.12( I), s. 16(2), proviso to s. 18(2), s. 33 ands. 33N, there is noexplicit requirement to consult the DTAB set up u/s. 5 - Section 26Awas brought in by an amendment in 1982, which specifically madechanges in ss. 33 and 33N wherein the words "on therecommendation of the Board" were added - It is clear that theadditional power that is given to the Central Government u/.s. 26Adoes not refer to and, therefore, mandate any previous consultationwith the DTAB - On the contrary, the Central Government may be"satisfied" on any relevant material that a drug is likely to involveany risk to human beings etc. as a result of which it is necessitate)' inpublic interest to regulate, restrict or prohibit manufacturer, sale ordistribution thereof- So long as the Central Consignment'ssatisfaction can be said to be based 011 relevant 11w1erial, it is notpossible to say that not having consulted the DIAB, the powerexercised under the said Section would ·be non est. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 1248 |
Petitioner | Union Of India And Anr. |
Respondent | Pfizer Limited And Ors. |
SCR | [2017] 12 S.C.R. 179 |
Judgement Date | 2017-12-15 |
Case Number | 22972 |
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