HEMMA HERBS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner No. 1 is a Company duly incorporated under the Indian Companies Act, 1956. Petitioner No. 2 is the director of the said company. He also holds a power of attorney of the company and is duly authorised to file the present petition. The Petitioner has filed the present writ petition praying for the grant of the following amongst other reliefs:-

(2.) The undisputed facts are that the Petitioner herein is manufacturing a Ayurvedic formulation known as Chyawanprash at the factory of the company at Industrial Area, Barotiwala, District Solan, H. P.

(3.) The Petitioner initially applied for and obtained a license in terms of Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Act) for the manufacture of Ayurvedic formulations including Balm/Ointment, Awaleha, Oil drops and Pearls sections only. This license was valid from 21-5-2005 to 20-5-2008. It is not disputed before us that Chyawanprash is a species of Awaleha. It is also not disputed that thereafter the Petitioner Company applied for grant of license for the manufacture of additional items, namely, "New Himani Sona Chandi Chyawanprash". In the application for the grant of licence to manufacture the additional item (namely Chyawanprash) the Petitioner claimed that this is a proprietary Ayurvedic medicine and along with the application, the Petitioner filed an annexure giving composition of the said Chyawanprash. For our purpose, it will be fruitful to mention that two of the ingredients mentioned in the annexure are silver foil and gold foil. This application was allowed and the licence to manufacture New Himani Sona Chandi Chyawanprash was issued by the Director of Ayurveda-cum-Licensing Authority, Himachal Pradesh on 15th September, 2005.