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No.1574(E) dated 31.03.2023 read with 5.0. 4663(E) dated 25.10.2023. This shows that the company had not implemented the applicable notified ceiling price on the stocks available in the market/ trade channel.

(ii) It is pertinent to mention that in the judgement of Hon'ble Supreme Court in Mis Glaxo Smithkline Vs UOI reported in (2013) SCC Vol. II 753, wherein it was, inter-alia, held that "once the price is notified, it takes immediate effect from the date of notification and there cannot be two prices at the end point of the distribution chain depending on the consumer. Consumer must get the benefit of the notified price. That is the ultimate objective of DPCO. Mere issuance of Form-V and issuing revised price list does not fulfil the obligations of the company as a manufacturer/marketer of the formulation under reference". Hence, the company has to implement the notified ceiling price on its new manufacturing products as well as to the pre-manufactured stocks available in the market for sale to public from the date of gazette notification.

(iii) As per the provisions of DPCO 2013, where any manufacturer sells a scheduled formulation at a price higher than the ceiling price (plus local taxes as applicable) fixed and notified by the Government, such manufacturers shall be liable to deposit the overcharged amount along with interest thereon from the date of such overcharging. Further, the Hon'ble Hight Court of Delhi in its judgement in the matter of Cipla Ltd. Vs UoI held that it would be sufficient compliant on the part of manufacturer if the manufacturer issue price list/ revised price list and follow paragraph 24 of the DPCO,2013. The referred Judgement also held that re-labelling of manufactured stocks prior to the date on which the notifications are issued is not obligatory. What is necessary is that pharmaceuticals be sold at the revised price or labelled price, whichever is lower. However, since, the detected batch was available in the market for sale to public at higher MRP, this shows that the company had not implemented the notified ceiling price on the stocks available in the market/ trade channel.