Kerala High Court
M/S. Life Care Pharmaceuticals, Door ... vs Union Of India on 25 October, 2024
WP(C) No.37710/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Friday, the 25th day of October 2024 / 3rd Karthika, 1946
WP(C) NO. 37710 OF 2024(K)
PETITIONER:
M/S. LIFE CARE PHARMACEUTICALS, DOOR NO. 51/1341-1,PUSHPAGIRI LANE,
THRIKKUMARAKUDAM, AYYANTHOLE P.O.,THRISSUR, REPRESENTED BY ITS
MANAGING PARTNER, MR. K. SUNIL ACHUTHAN AGED 44 YEARS S/O ACHUTHAN,
RESIDING AT KARUMUTHIL HOUSE, CHERPU WEST, THRISSUR DISTRICT., PIN -
680561
RESPONDENTS:
1. UNION OF INDIA REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT, 9TH LEVEL, A-WING, IP EXTENSION, DELHI
SECRETARIAT, DELHI., PIN - 110002
2. THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT 9TH LEVEL, A-
WING, IP EXTENSION, DELHI SECRETARIAT, DELHI., PIN - 110002
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Ext. P6, permit the
petitioner to sale/distribution of the drug "Toenz". (Ingredients such as
Amylase, Protease, Gluco- Amylase, Pectinase, Alpha Galactosidas, Lactase,
Beta Glucanase, Invetase, Cellulase, lipase, Bromalin, Hemicellulase,
Maltase, Papain and Bocillus Coagulans. (Other ingredients includes
maltodextrin and cellulose),pending disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.K.RAVI (PARIYARATH) Advocate for the petitioner and of DEPUTY
SOLICITOR GENERAL OF INDIA for the respondents, the court passed the
following:
WP(C) No.37710/2024 2/4
HARISANKAR V. MENON, J.
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W.P.(C) No.37710 of 2024
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Dated this the 25th day of October, 2024
ORDER
The petitioner has filed the captioned writ petition, challenging Ext.P6 notification issued by the Central Government, by which a prohibition with respect to the sale / distribution of certain combinations of drugs has been ordered by the Central Government.
2. Sri.K.Ravi, the learned counsel for the petitioner, points out that the petitioner is a distributor of medicines and is already holding certain stocks which have been purchased by him earlier to Ext.P6. Therefore, he prays that permission may be granted for dealing with such stock.
3. The learned Deputy Solicitor General of India takes notice for the respondents herein.
4. In the light of the fact that the petitioner is a distributor, the impugned notification shall not affect the drugs already precured by the petitioner and for which he has already received purchase orders.
WP(C) No.37710/2024 3/42 W.P.(C)No.37710 of 2024
5. The drugs which are already in the distribution channel shall also not be withdrawn. No coercive steps shall be taken against the petitioner for the drugs which are already in the distribution channel.
6. The above direction is subject to the petitioner filing details of its stock of the drugs mentioned in Ext.P6 as on date. The petitioner shall also file an affidavit with respect to the stock in circulation.
Post on 30.10.2024.
Sd/-
HARISANKAR V. MENON JUDGE anm 25-10-2024 /True Copy/ Assistant Registrar WP(C) No.37710/2024 4/4 APPENDIX OF WP(C) 37710/2024 Exhibit -P6 TRUE COPY OF THE RELEVANT PAGES OF THE GAZETTE OF INDIA CG- DL- E-21082024-256531, NO. 3125, WITH NOTIFICATION NO. S.O.3285 (E), DATED 02.08.2024. 25-10-2024 /True Copy/ Assistant Registrar