The petitions were dismissed as withdrawn by the petitioner after citing a relevant Delhi High Court judgment. The court did not examine the merits of the challenge to notifications dated 10.3.2016 or the constitutionality of Section 26A of the Drugs and Cosmetics Act, 1940.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.Nos.10536 and 10537 of 2016
Federation of South Indian Pharmaceutical Manufacturers Association Block D-1, Baid Mehta Complex 16/183, Anna Salai, Little Mount Saidapet, Chennai – 15 rep. by its Chairman, B.Sethuraman. .. Petitioner in both WPs. Vs. 1. The Union of India rep. by its Secretary Health and Family Welfare Nirman Bhavan, New Delhi – 110 011. 2. The Drugs Controller General of India FDA Bhavan, ITO, Kotla Road New Delhi – 110 002. .. Respondents 1 & 2 in both WPs. 3. The State of Tamil Nadu rep. by its Secretary Health and Family Welfare Fort St. George, Chennai – 9. .. 3rd Respondent in WP.10536/2016
PRAYER in W.P.No.10536 of 2016: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus to call for the records of the first respondent pertaining to the impugned notifications dated 10.3.2016 published in the Gazette of India Extraordinary Part II Section 3(ii) and mentioned in the Schedule annexed to the petition and quash the same and consequently forbear the respondents, their officers, men, servants, agents, representatives, etc., from taking any coercive action on the members of the petitioner association by enforcing the impugned notifications with costs.
PRAYER in W.P.No.10537 of 2016: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Declaration declaring Section 26A of the Drugs and Cosmetics Act, 1940 as ultra vires the Constitution of India and consequently forbearing the respondents from exercising any powers thereunder.
For Petitioner : Mr.T.D.Selvan Babu
For Respondents : Mr.Su.Srinivasan
Asst. Solicitor General
for respondents 1 and 2
in both writ petitions
Mr.M.K.Subramanian
Government Pleader
for 3 rd respondent
in W.P.No.110536 of 2016
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The learned counsel for the petitioner states that in view
of the judgment in Pfizer Limited and another v. Union of India
and another [W.P. (C) No.2212 of 2016, dated 1.12.2016] by the
Delhi High Court, he has instructions to withdraw the petitions.
Endorsement made.
These petitions are dismissed as withdrawn. No costs.
Sd/-
Asst.Registrar (CCC)
/true copy/
Sub Asst. Registrar
To:
1. The Secretary
Union of India
Health and Family Welfare
Nirman Bhavan, New Delhi – 110 011.
2. The Drugs Controller General of India
FDA Bhavan, ITO, Kotla Road
New Delhi – 110 002.
kk(co) krd 2/1
W.P.Nos.10536 and 10537 of 2016
2 issues framed by the court
Whether the petitions should be dismissed in light of the withdrawal instructions given by the petitioner counsel.
Whether the impugned notifications dated 10.3.2016 under Section 26A of the Drugs and Cosmetics Act, 1940 are ultra vires to the Constitution of India.
Colour shows how this judgement treated each authority
Pfizer Limited and another v. Union of India and anotherReferred¶9
Pfizer Limited and another v. Union of India and another [W.P. (C) No.2212 of 2016, dated 1.12.2016]
Federation of South Indian Pharmaceutical Manufacturers Association
Union of India
State of Tamil Nadu
Sanjay Kishan Kaul
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
