Supreme Court of India · 2024-07-15
M/S Sun Pharmaceutical Industries Ltd vs Union Of India Department Of Chemicals ...
- Citation / case number
- 2024 INSC 521
- Court
- Supreme Court of India
- Petitioner
- M/S Sun Pharmaceutical Industries Ltd
- Respondent
- Union Of India Department Of Chemicals ...
- Author
- Sanjay Kumar
- Bench
- Sanjay Kumar
Judgment text excerpt
The Supreme Court examined the legality of the demand raised by the National Pharmaceutical Pricing Authority (NPPA) against the appellant under Paragraph 13 of the Drugs (Price Control) Order, 1995, for overcharging on a drug formulation. The Court held that the definitions of 'dealer', 'distributor', and 'wholesaler' in the DPCO are overlapping, and the appellant's claim of not being a manufacturer or distributor was insufficient to exempt it from liability. The Court upheld the NPPA's authority to recover the overcharged amount along with interest, affirming the demand notices issued to the appellant.