coming under price control from 70% under the DPCO 1987 to 50% under the
DPCO 1995 and uniform MAPE of 100% under the DPCO 1995 ... Government for prescribing the
norms as required by the DPCO 1987 and the DPCO 1995. One of the possible
explanations for this reluctance put forth
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 ... than
those fixed or notified by the Government under DPCO 1987 or under the DPCO
1995. Para 19 of the DPCO 1995 which is relevant
context of interpretation of DPCO,1970
and DPCO,1979 whereas the present matters are concerned with DPCO,1987 and
DPCO,1995. Relying upon a decision ... issued DPCO,1979. The
DPCO,1970 was accordingly repealed. DPCO,1979 is repealed by DPCO,1987 and
DPCO,1987 is repealed by DPCO,1995
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 ... meaning ascribed to
it under para 2(a) of the DPCO, 1995.
3. The factual matrix of the case is as follows:
On 14th
that on a true construction of the DPCO, 1979 read with the
DPCO, 1987 and DPCO, 1995, only those amounts which had been
finally determined ... under para 7 (2) of the DPCO, 1979 read with relevant paragraph of
DPCO, 1987 and DPCO, 1995. It is further stated that in respect
Growth of Pharmaceutical Industry 1986-1987." Again DPCO 1987 was repealed by the DPCO 1995.
11. Mr. Chagla, the learned Counsel has submitted that ... included in the DPCO 1987 was subsequently excluded under the DPCO 1987 itself and continued to remain excluded from the DPCO 1995. According
calculating the packing
material cost as required under Paragraph 7 of DPCO, 1995
and etc.,.
This Writ Petition having been heard and reserved for
orders ... DPCO-1995 as
already stated hereinabove. Form No.1 which is appended
to the DPCO - 1995 would clearly go to show that under
33
item
under price control from 70%
22
under the DPCO 1987 to 50% under the DPCO 1995 and uniform MAPE of 100%
under the DPCO 1995 ... Government for prescribing the norms as required by
the DPCO 1987 and the DPCO 1995. One of the possible explanations for this
reluctance put forth
contentions. On
06.01.1995, respondent No.1 issued Drugs (Price Control) Order 1995
(DPCO 1995) by exercising power under Section 3 of the Essential
Commodities ... First Schedule appended to DPCO 1995
specified the bulk drugs and formulations for which the respondent No.1
fixed ceiling price in accordance with paragraph
drugs and accordingly, The Drugs (Price Control) Order, 1995 (in short DPCO 1995) have been framed. In that, para No.3 provides for fixation ... stated in the affidavit that as per para 7 of the DPCO 1995, the maximum retail price chargeable for Tineavin 10 tabs, excluding Excise, would
