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Drug Action Forum And Others v. Union Of India And Others

Drug Action Forum And Others v. Union Of India And Others

(Supreme Court Of India)

Writ Petition (Civil) No. 698 Of 1993 And 422 Of 1996 | 12-02-1997

1. By our earlier order, the Report of Dr. J.

S. Bajaj dated 30-10-1996 has been taken on record. We accept the same

2. One of the recommendations made in the Report of Dr. Bajaj (para 21) is for the constitution of a Core Group which was agreed to in principle in the meeting of the Expert Committee held on 5-7-1996. We are of the opinion that this recommendation in particular needs to be accepted and acted upon forthwith. Accordingly, in accordance with that recommendation, we constitute a Core Group as under

(a) The three members previously nominated by this Court and co-opted by the Technical Sub-Committee, namely

(i) Dr. N. H. Antia;

(ii) Dr. Naresh Banerjee; and

(iii) Dr. Nityanand

(b) The Director General of Health Services (DGHS)

(c) The Director General of Armed Forces Health Service (DGAFHS)

(d) The Drugs Controller General of India

The Drugs Controller General of India is to act as the Convenor of the Core, Group

3. A copy of the Report of Dr. J. S. Bajaj together with a copy of this order be furnished to the learned Additional Solicitor General who would ensure that the same is made available to the Convenor of the Core Group and all its members. The Core Group is requested to proceed with the task and complete the same as expeditiously as possible to enable further action being taken on that basis by this Court. The learned Additional Solicitor General will intimate to the Court after ascertaining from the Convenor the time likely to be needed by the Core Group for this purpose. This be done within two weeks

4. Any material which is considered relevant by any of the affected parties may be indicated by their learned counsel to the learned Additional Solicitor General for being transmitted to the Convenor of the Core Group for consideration by the Core Group before formation of its opinion. This be done within two weeks

5. The submission of Shri F. S. Nariman, Shri Anil B. Divan and Shri Mukul Mudgal, learned counsel for Hoechst India Limited, Tata Pharma Limited and Cadila Pharmaceuticals Ltd. respectively is that the fixed dose combinations of Analgin known by the brand names - Baralgan, Spasgan and Trigan Injection and Trigan E Tablets respectively - which have already been manufactured against orders received from some foreign countries wherein consumption of the same is not banned may be permitted to be exported to them to enable due performance of those contracts of drugs manufactured prior to 17-12-1996. The learned counsel submit that there would be no supply of the manufactured drugs for personal consumption anywhere in India. They undertake to furnish particulars of such existing stock duly certified by the authorities concerned within a week. The learned Additional Solicitor General is required to seek instructions in this behalf and to inform us whether necessary steps can be taken by the authorities to ensure that such existing stock of these drugs is utilised only for export in the above manner and not for consumption within the country

6. List on 24-2-1997.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE B. N. KIRPAL
  • HON'BLE JUSTICE J. S. VERMA
Eq Citations
  • (1997) 9 SCC 610
  • LQ/SC/1997/254
Head Note

A. Constitution of India — Arts. 32 and 136 — Drugs — Fixed dose combinations of Analgin — Banned by Supreme Court — Core Group constituted to examine the matter and submit report — Particulars of existing stock of drugs to be furnished to ensure that they are utilised only for export and not for consumption within the country