REDDYS LABORATORIES LIMITED HYDERABAD Vs. SECY GOVT IF INDIA MINISTRY OF CHEMICALS AND FERTILIZERS DEPT OF CHEMICALS AND PETROCHEMICALS NEW DELHI

JUDGEMENT

(1.) These writ petitions are interconnected and require to be disposed of by a common order.

(2.) The petitioner, Dr. Reddy's Laboratories, inter alia, is a manufacturer of drug known as 'Norfloxacin', which is useful for treatment of urinary infections. The petitioner claims to be the largest manufacturer of 'Norfloxacin' as bulk drug in the country and also exports substantial quantities ,of the bulk drug.

(3.) The petitioner in these writ petitions challenges the decisions of the Government of India dated 13.12.1996 and 27.12.1995. The Government of India vide its impugned decision dated 13.12.1996, in exercise of the powers conferred by sub-paragraph (1) of Paragraph-3 of the Drugs (Price Control) Order, 1995 (for short "DPCO, 1995"), fixed the price of the bulk drug 'Norfloxacin' atRs.2162/- per kilogram. Likewise, in exercise of power under sub-paragraph (1) of Paragraph-9 of the DPCO, 1995 the Central Government fixed the prices of 'Norfloxacin' tablets as the selling prices exclusive of the excise duty and local tax and accordingly notified the same. Relevant Clauses of DPCO, 1995: