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august 2020

Supreme Court of India · 2020-08-05

MEDIPOL PHARMACEUTICAL INDIA PRIVATE LIMITED vs POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH

Citation / case number
SC 2019/37982
Court
Supreme Court of India
Petitioner
MEDIPOL PHARMACEUTICAL INDIA PRIVATE LIMITED
Respondent
POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court addressed the validity of the blacklisting of the Appellant under Rule 85(2) of the Drugs and Cosmetics Rules, 1945, following complaints about the quality of Clotrimazole Cream supplied. The Court held that the blacklisting was unjustified as the final test report from the Central Drugs Laboratory showed compliance with the acceptable standard, and the Appellant was not given a fair opportunity to contest the initial findings before the blacklisting. The Court set aside the High Court's dismissal of the writ petition, emphasizing the need for due process in administrative actions.

MEDIPOL PHARMACEUTICAL INDIA PRIVATE LIMITED vs POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH · Niyam