Delhi High Court - Orders
Gaurav Kumar Bansal vs Union Of India And Ors on 4 December, 2023
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7493/2022 & CM APPL. 22886/2022
GAURAV KUMAR BANSAL ..... Petitioner
Through: None.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Chetan Sharma, ASG with Mr.
Anurag Ahluwalia, CGSC, Mr. Amit
Gupta, Mr. Saurabh Tripathi, Mr.
Vikramaditya, Advocates
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 04.12.2023
1. Learned Additional Solicitor General ("ASG") states that the present writ petition stands satisfied as the Government of India has prohibited the manufacture, sale and distribution of 'Nimesulide' in nearly all its combinations and usage for human use. In support of his contentions, he relies upon the affidavit dated 01st November, 2023. The relevant portion of the said affidavit reads as under:
"2. It is respectfully submitted that the Nimesulide + Diclofenace FDC has been prohibited vide S.O No 706 (E) dated 10.03.2016, Nimesulide + Cetirizine + Caffeine FDC has been prohibited vide S.O No 707 (E) dated 10.03.2016, Nimesulide + Tizanidine FDC has been prohibited vide S.O No 708 (E) dated 10.03.2016, Nimesulide + Paracetamole dispersible tables FDC has been prohibited vide S.O No 712 (E) dated 10.3.2016, Nimesulide + Serratiopeptidase FDC has been prohibited vide S.O No 717 (S) dated 10.03.2016, Nimesulide + Pitofenone + Fenpiverinium + Benzyl Alcohol FDC has been prohibited vide S.O No 719 (E) This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 00:11:54 dated 10.3.2016, Nimesulide + Loratadine + Phenylephrine + Ambroxol FDC has been prohibited vide S.O No 860 (E) dated 10.03.2016, Nimesulide + Paracetamole Injection has been prohibited vide S.O No 721 (E) dated 10.3.2016, Nimesulide + Dicyclomine has been prohibited vide S.O No 730 (E) dated 10.03.2016, Nimesulide + Phenylephrine + Ceffeine + Levocetrizine FDC has been prohibited vide S.O No 864 (E) dated 10.03.2016, Nimesulide + Paracetamol + Cetrizine + Phenylephrine FDC has been prohibited vide S.O No 867 (E) dated 10.03.2016, Nimesulide + Paracetamole + Levocetrizine + Phenylphrine Caffeine FDC has been prohibited vide S.O No 918 (E) dated 10.03.2016, Cetrizine + Nimesulide + Phenylephrine FDC has been prohibited vide S.O No 943 (E) dated 10.03.2016, Nimesulide + Cetrizine + Phenylephrine FDC has been prohibited vide S.O No 975 (E) dated 10.03.2016, Cetrizine + Phenylephrine + Paracetamol + Caffeine + Nimesulide FDC has been prohibited vide S.O No 985 (E) dated 10.03.2016 and Fixed dose combination of Nimesulide + Levocetrizine FDC has been prohibited on S. O. No 1851(E) dated 08.06.2017. The copy of relevant S.O. Nos 706 (E) to 985 (E) dated 10.03.2016 and S.O. No 1851 (E) dated 08.06.2017 are annexed herewith as ANNXURE R-2 (Colly)
3. As informed to this to his Hon'ble in the earlier affidavit, the Central Government had already prohibited the following drugs, with immediate effects with notification S.O. No 3448 dated 31.07.2023:
I. Ketoprofen and its formulations for animal use II. Aceclofenac and its formulations for animal use.
4. It is further submitted that the Central Drugs Standard Control Organisation (CDSCO) has issued a letter dated 13.09.2023 to Commissioner, Department of Anil Husbandry & Dairying (Ministry of Fisheries, Animal Husbandry & Dairying) to take opinion for all formulation of Drugs Nimesulide for vulture conservation and the reply is awaited from the said department.
The copy of the letter dated 13.09.2023 is annexed herewith as ANNEXURE R-3.
5. It is submitted that as per minutes of 89th Drug Technical Advisory Board (DTAB) held on 10.05.2023 date, a recommendation was made to constitute a sub-committee to examine a list of such drugs which affect the animal health or environment. In this regard, the answering respondent in the process of constitution of sub-committee. The copy of minute of meeting of 89th meeting of DTAB is annexed herewith as ANNEXURE R-4."
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 00:11:54
2. In view of the aforesaid affidavit, the present writ petition is disposed of as satisfied.
ACTING CHIEF JUSTICE MINI PUSHKARNA, J DECEMBER 4, 2023 au This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2023 at 00:11:55