primarily concerned with the Drugs (Prices Control) Order,
1995 (the DPCO 1995) and for historical reasons with the Drugs (Prices
Control) Order, 1970 (the DPCO ... Drugs (Prices Control) Order,
1979 (the DPCO 1979) and the Drugs (Prices Control) Order, 1987 (the DPCO
1987). All these Orders were issued
Drugs (Price Control) Order,
1995 (hereinafter referred to as 'the DPCO'). Though the fixation of
price pursuant to the provisions of the said ... remedy by way of review is available under paragraph 22 of the
DPCO to seek reconsideration of price fixation. The immediate
provocation for filing
Drugs (Price Control)
Order, 2013 (hereinafter referred to as 'DPCO, 2013'). There was also a
challenge to the notification dated ... required to
issue price lists in accordance with paragraph 24 of the DPCO,
2013. As aforementioned, in implementation of ceiling price
fixed by the Government
Respondent-Company
under the Drugs (Price Control) Order, 1970 [in short,
"DPCO 1970"]. The Central Government promulgated the
Drug (Price Control) Order ... short, "DPCO 1979"],
replacing DPCO 1970 which included the above mentioned
bulk drugs in Schedule II to the order. The Central
Government
herein under Paragraph 9(1) of the Drugs (Prices Control)
Order, 1995 („DPCO 1995‟) fixing ceiling prices for certain multi-vitamin
formulations and the consequential ... Ministry of
Chemicals and Fertilisers under Para 25 of the DPCO 1995. BLPL states that in
terms of the above exemption order every Drug Manufacturing
purporting to have been issue under the Drugs (Prices Control) Order, 1979 (DPCO) - these order begin at Exs. M and O appended to the petition ... Drugs nd Cosmetics Rules, 1945 (Drug Rules,) and 3. DPCO this last begin subordinate legislation promulgated by the Central Government vide the powers conferred upon
easy and
efficient manner to comply with the requirements of the DPCO (Drug
Pricing Control Order). However, this legitimate mechanism was grossly
misused by AIOCD ... wholesalers and retailers of scheduled drugs are
determined by the DPCO, pharmaceutical producers are free to offer any
rate of trade margin for distribution
whether the prices fixed under
the Drugs (Prices Control) Order (for short, ‘DPCO’) in respect of
drugs/formulations would be operative in respect ... manufacturer.
4. The Drugs (Prices Control) Order,1995 (for short, ‘DPCO,1995’)
was under consideration before the Karnataka High Court whereas the Drugs
(Prices Control
Drugs (Prices Control) Order, 1995 (hereinafter referred to as ‘DPCO, 1995’
for short). Learned Single Judge set aside the Notifications aforesaid and
held that ‘Doxofylline ... within the meaning ascribed to
it under para 2(a) of the DPCO, 1995.
3. The factual matrix of the case is as follows
Drugs (Prices Control) Order, 1995 (hereinafter to be referred to as, `DPCO'). The effect of this notification was that it enabled the petitioner company ... price for the drug for the period of exemption.
2. DPCO was published in the Gazette of India dated 06.01.1995 and was made in exercise
