ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Untenable Defence

DRUGS CONTROLLER of India (DCI) banned the production and sale of fixed dose combination of high dose estrogen- progesterone (EP drugs) from December 12, 1982 and June 30, 1983 respectively. Drug manufacturers challenged the authority of DCI to issue the ban order. This prompted the Government of India (GOl) to amend the act to incorporate section 26A in the Drugs and Cosmetics Act, 1940 vesting the power with GOL However, drug companies went to the high courts in Bombay and Calcutta against the ban order by the DCI on EP drugs and obtained stay orders. Subsequently, on July 23, 1983 GOI issued a gazette notification banning the production and sale of 22 categories of drugs. Unfortunately, the said ban order could not incorporate EP drugs because the matter was subjudice. Godbole's claim (EPW December 27, 1986) that there was no ban on EP drugs should be considered in this perspective.

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