LAW FOR ALL

Price fixation Notifications dated 30th April, 2009 and 17th November, 2009 whereby the Government had fixed the prices of “Doxofylline formulations” in exercise of power conferred under paras 9 and 11 of the Drugs (Prices Control) Order, 1995 (hereinafter referred to as ‘DPCO, 1995’ for short).= Bench affirmed the order dated 19th May, 2010 passed by the learned Single Judge of the Delhi High Court in W.P.(C)No.10277 with W.P. (C)No.12958 of 2009 and dismissed the appeals preferred by the appellants. Learned Single Judge set aside the Notifications aforesaid and held that ‘Doxofylline’ is not a bulk drug within the meaning ascribed to it under para 2(a) of the DPCO, 1995. The Technical Committee decided to seek the experts opinion of the Indian Institute of Science, Bangalore (IISc for short) on whether ‘Doxofylline’ is a derivative of ‘scheduled bulk drug’ Theophylline. The IISc, Bangalore, vide their letter dated 23rd January, 2009, informed the appellants that ‘Doxofylline’, is in fact, a derivative of scheduled bulk drug - Theophylline. = In this view of the matter and having regard to the facts that we have held that Doxofylline is derivative of Theophylline, a bulk drug, and Doxofylline in any formulation comes within the definition of scheduled formulation, we hold that it is well within the jurisdiction of the Government to fix the ceiling price of Doxofylline formulation under para 9 or para 11 of DPCO, 1995. Therefore, interference with Notification (s) both dated 30th April, 2009 and 17th November, 2009 is uncalled for. Consequently, the appeals are allowed; the judgments and orders dated 19th May, 2010 and 15th March, 2011 passed respectively by the Single Judge and the Division Bench of the Delhi High Court are set aside. The writ petitions preferred by the respondents in the High Court are dismissed. The parties shall bear their own cost.