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Supreme Court of India · 18/12/2024

M/S BHAGWATI MEDICAL HALL & ANR. versus CENTRAL DRUGS STANDARD CONTROL ORGANIZATION & ORS

[2024] 12 S.C.R. 2102 · 2024 INSC 1048

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Summary

The Supreme Court held that local drug and excise authorities could not treat aromatic tincture of cardamom, a licensed medicinal preparation, as a prohibited article because of its alcohol content and alleged misuse. Only the Central Government may prohibit or restrict a drug, by Gazette notification under Section 26A of the Drugs and Cosmetics Act, 1940, and no such notification existed; Section 22(1)(d) gives Inspectors no power to ban a drug.

Issues

  1. Whether State authorities could restrict or stop the sale of aromatic tincture of cardamom by licensed chemists, treating it as a prohibited article, in the absence of a Central Government notification under Section 26A of the Drugs and Cosmetics Act, 1940.
  2. Whether the Inspector's powers under Section 22(1)(d) of the Act authorise such a restriction on account of alleged misuse of the tincture as an intoxicant.

Provisions considered

Held

Result

Appeals allowed; High Court orders dated 12.07.2022 and 22.09.2022 set aside; the District Magistrate's order dated 28.02.2022 and the Drug Inspector's direction dated 11.04.2022 quashed; authorities directed not to curb the appellants' licensed trade in aromatic tincture of cardamom or other licensed medicines absent a valid Central Government prohibition or restriction, while remaining free to enforce licence conditions lawfully.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 2102.