MAHESH GROVER.J. - (1.) For the reasons mentioned in the application, delay of 16 days in filing the present appeal is condoned. Application stands allowed. LPA No.444 of 2016
(2.) The appellant is in appeal against the judgment of the learned Single Judge dated 28.1.2016. While preferring a civil writ petition bearing No.7135 of 2014, out of which the impugned judgment has emerged, the appellant had challenged a notification issued by the Ministry of Health and Family Welfare, Government of India, seeking to restrict and regulate the sale of a drug by the name of Oxytocin while exercising its powers under Section 26 -A of the Drugs & Cosmetics Act, 1940 (hereinafter referred to as 'the Act').
(3.) The portion of the notification offensive to the petitioner's cause may be extracted herebelow : - "Now therefore, in exercise of the powers conferred by Section 26 -A of the Drugs and Cosmetics Act, 1940 (23 of 1940), the Central Government hereby directs that drug Oxytocin shall be manufactured for sale or for distribution or sold in the manner specified below, in addition to the provisions contained in the said Act and Rules made thereunder, namely : - 1. The manufacturers of bulk Oxytocin drug shall supply the active pharmaceutical drug only to the manufacturers licensed under the Drugs and Cosmetics Rules, 1945 for manufacture of formulations of the said drug. 2. The formulations meant for veterinary use shall be sold to the veterinary hospitals only." Before the writ court as also this Court in appeal the argument has been similar that power under Section 26A of the Act can be exercised in three eventualities envisaged in the statute itself where, upon the satisfaction to be recorded, Central Government prohibits, regulates or restricts the use of a drug or cosmetic which is (i) likely to involve any risk to human beings or animals; (ii) the drug does not have the therapeutic value claimed or purported to be claimed; and (iii) it contains ingredients in such quantity for which there is no therapeutic justification. ;