Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Drugs (Price Control) Order Scheduled formulations Paras 3 8 and 9 Fixation of ceiling price of drug 1995 7 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Drugs (Price Control) Order, 1995: Paras 3, 7, 8 and 9 Fixation of ceiling price of drug, Scheduled formulations – Notifications dated 11th July, 2006 and 30th April, 2009 imposing ceiling prices on a drug formulation, Frusemide, Potassium and Theophylline – Challenged to, by the drug manufacturers as ultra vires Para 7 of the DPCO – High Court dismissed the writ petitions – Interference with – Held: Not called for – Modifications in drug release are often desirable to increase the stability, safety and efficacy of the drug, to improve the therapeutic outcome of the drug treatment and/or to increase patient compliance and convenience of administration – Use of the term “sustained release” denotes the systems that maintain the rate of drug release over a sustained period – Controlled release systems are drug delivery systems in which the drug is released in a predetermined pattern over a fixed period of time – Materials on the record show that the DPCO was aware of the existence of different systems of drug delivery and of sustained release – Manufacturers ought to have demonstrated that the systems used by them were unique or different – In absence thereof, they were obliged to follow the pricing norms and ceiling prices fixed by the impugned notifications. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2019 INSC 1254 |
Petitioner | M/s T.c. Healthcare P. Ltd. & Anr. |
Respondent | Union Of India & Anr. |
SCR | [2019] 14 S.C.R. 618 |
Judgement Date | 2019-11-15 |
Case Number | 4687 |
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