Punjab-Haryana High Court
Gurpreet Singh Bhai Ghanaiya Cancer ... vs State Of Punjab And Others on 19 August, 2013
Bench: Sanjay Kishan Kaul, Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 4047 of 2013
Date of Decision : 19.8.2013
Gurpreet Singh Bhai Ghanaiya Cancer Roko Sewa Society....... Petitioner
Versus
State of Punjab and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr. H.C. Arora, Advocate (Amicus-Curiae).
Mr. P.S. Bajwa, Additional Advocate General, Punjab. Mr. I.P.S. Doabia, Advocate, for Union of India. SANJAY KISHAN KAUL, CHIEF JUSTICE (ORAL) The affidavit of respondent No. 4 has been perused by us where it is averred in paras 13 and 14 as under :-
"13. That as regards pricing of anti-cancer drugs, it stated that these drugs were not covered under the Drugs (Prices Control) Order 1995 and treated as non scheduled drugs, manufacturer were at liberty to fix the prices by themselves without seeking the approval of Government/NPPA. Also there was no control on the launch price to the non scheduled formulations. Further, no trade margin is specified in respect of non scheduled formulations under DPCO, 1995.
14. That recently the Government has notified DPCO, 2013 on 15.6.2013. There are 33 anti-cancer medicines covered under DPCO, 2013 and action for price fixation of these medicines in the specified dosage and strength has been initiated by the respondents."
In view of the aforesaid, learned amicus curiae states that only time period for price fixation ought to be specified. Sharma Sanjiv Kumar 2013.08.21 10:59 I attest to the accuracy and integrity of this document Chandigarh CWP No. 4047 of 2013 -2-
Learned counsel appearing for the said respondent states that about a month's time may be given for the said purpose. Erring on the side of caution, we grant six weeks' time to the authorities to do the needful with wide publicity.
Petition accordingly stands disposed of. List for compliance on 21.10.2013. The compliance report be filed three days prior to the next date.
(SANJAY KISHAN KAUL) CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 19.8.2013 sjks Sharma Sanjiv Kumar 2013.08.21 10:59 I attest to the accuracy and integrity of this document Chandigarh