LAW FOR ALL

National Pharmaceutical Pricing Authority (NPCA) under the DPCO,1995, - the Drugs (Prices Control) Order (for short, ‘DPCO’) - Fixation of prices /Revised prices of the drugs manufactured & stocked by company by notification - Whether operative in respect of all sales subsequent to 15 days from the date of the notification by the Government in the official gazette/receipt of the price fixation order by the manufacturer - Karnataka High court held that it applies from the date of notification -that revised prices will not apply to the existing stocks but only to new batches of drugs and formulations to be manufactured after 15 days of the notification cannot be accepted. The provisions of the DPC Order are clear that prices should be revised within 15 days even in regard to the formulations which were manufactured prior to the date of notification or those manufactured within 15 days from the date of notification. - Delhi high court held that it applies only after 15 days of notification - Apex court held that Karnataka High court view is correct and Delhi High court view is incorrect - held that it applies only from the date of Notification to all sales & stocks = GlaxoSmithKline Pharmaceuticals Limited (Formerly known as SmithKline Beecham Pharmaceuticals (India) Limited) … Appellant Versus Union of India & Ors. … Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41053