UNION OF INDIA Vs. RANBAXY LABORATORIES LTD

JUDGEMENT

(1.) LEAVE granted.

(2.) 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 and marketing of the said drug is controlled by the Drugs (Price Control) Order, 1995 (1995 order ). The said order has been made by the Central Government in exercise of its powers under Section 3 of the Essential Commodities Act, 1955 (1955 Act ). We may notice some interpretation clauses in the 1955 act, which are as under :-

(3.) A similar provision has been made for grant of exemptions in respect of New Delivery System, in terms whereof a manufacturer is required, where there is an existing notified price, to follow the same on the expiry of the exemption.