GENO PHARMACEUTICALS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) This Writ Petition was admitted on 17-11-2009 and was taken up today for considering interim relief. At the time of hearing, Shri A. N. S. Nadkarni, learned Senior Counsel appearing on behalf of the Petitioners has submitted that all the three products involved in this Writ Petition were manufactured by the Petitioners in November, 2001, and marketed prior to December, 2001 before the Notification came in force. Learned Senior Counsel further submits that the Petitioners had records to prove that they had marketed the said products prior to the date of the Notification and being so would not be liable under the D.P.C.O. 1995. To that, Shri C. A. Ferreira, learned Assistant Solicitor General, appearing on behalf of the Respondents, submits that the Petitioners were called upon to produce the records of marketing which they failed to produce. Shri Nadkarni, learned Senior Counsel on behalf of the Petitioners submits that the Petitioners still have the records to prove that they had produced and marketed the said three products prior to November, 2001, and they are willing to produce the same either before the Deputy Director or before this Court. Learned Senior Counsel also submits that two of the products, namely Genogyl tablets and Gery ointment were exempted by Notification dated 2-3-1995 and the Ministry's Order No.8/1/98-PI.I dated 15th October, 1998, as the Petitioner is a Small Scale Industry.

(3.) Learned Senior Counsel therefore submits that the impugned Order dated 19-12-2001 could be treated as show cause notice and the Petitioner could be heard afresh in the matter. He further submits that no show cause notice was issued to the Petitioner.