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Union of India & Anr. v. BGP Products Operations GmbH & Hagene Immermatt Weg & Anr.

Civil Appeal · 2019 INSC 947Decided 22 Aug 2019
Civil Appeal Nos. 6588-6591 of 2019
Justice Abhay Manohar Sapre · Justice Indu Malhotra

Background

This is a referral order, not a final judgment. A 2018 notification restricted manufacture of Oxytocin for domestic use to public sector companies. The Delhi High Court quashed it, and the Union appealed.

Decision Breakdown

This is a referral order, not a final judgment. The Court framed seven questions of law, including whether the notification creates an unconstitutional monopoly and whether the power under Section 26A of the Drugs and Cosmetics Act is legislative or executive. It placed the appeals before the Chief Justice of India for a bench of three judges.

Lesson Learnt

There is no final ruling yet. The validity of the Oxytocin restriction was left to a larger bench.

Official source (sci.gov.in)View Judgment (PDF)

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