VidhiSangh

Supreme Court of India · 15/12/2017

UNION OF INDIA AND ANR. versus PFIZER LIMITED AND ORS.

[2017] 12 S.C.R. 179 · 2017 INSC 1248

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In challenges to notifications banning fixed-dose drug combinations, the Court held that prior consultation with the Drugs Technical Advisory Board was not mandatory under section 26A. On these particular facts it nevertheless directed a reasoned expert reconsideration, with distinct treatment of pre-1988 drugs, continued status quo, and separate disposal of transferred Madras cases.

Issues

  1. Whether section 26A required prior consultation with the statutory technical board.
  2. What reconsideration and interim arrangements should govern these challenged notifications.

Provisions considered

Held

Result

Delhi High Court’s mandatory-consultation ruling set aside; appeals disposed of with case-specific expert reconsideration and status-quo directions. Fifteen pre-1988 bans set aside subject to fresh inquiry; Madras transferred cases disposed of under their accepted expert report.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 179.