New Delhi| HL Correspondent
The Delhi High Court again extended the stay on the ban till Wednesday.
Justice RS Endlaw asked the Centre to notify state governments about pendency of the writ petitions and the court’s interim order as stay was extended according to lawyer present at the proceedings.
The state governments were acting against the pharmacist on the basis of the Health Ministry’s gazette notification of March 10 on banning more than 300 FDC drugs. This was complained make by counsels of pharma companies.
The health ministry had invoked Section 26A of the Drugs & Cosmetics Act to ban the drugs which it deemed “irrational” and unsafe for use, according to the March 10 notification as per the lawyer.
Further Endlaw also asked Additional Solicitor General (ASG) Sanjay Jain, the government’s counsel, what other provisions of power apart from section 26A the government had to restrict the FDCs banned last month.
The drug should have been prohibited only as a last resort, argue made by Kapil Sibal, counsel of Pfizer. As section 26A gave restrictions and regulate them too.
On last hearing the Justice RS Endlaw, asked the companies to provide a list of the drugs for which the state licensing authorities (SLAs) have issued licenses and those for which Drug Controller General of India (DCGI) had given them approval.
The stay went through around hundred petitions on 21st march as the government has banned around 300 fixed drug combinations (FDC) included the most common sold cough syrup corex and Vicks action 500 medicine of famous pharmaceutical companies Abott, Pfizer etc.
