2024 INSC 1048
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.14735-14736 OF 2024
[ARISING FROM SLP(C) Nos.22833-22834/2022] M/S BHAGWATI MEDICAL HALL & ANR. …APPELLANT(S) VERSUS CENTRAL DRUGS STANDARD CONTROL ORGANIZATION & ORS. …RESPONDENT(S)
O R D E R
1. Leave granted.
2. These appeals, by the Appellants, challenge the
correctness of the orders dated 12.07.2022 and
22.09.2022 passed by the High Court of Judicature at
Allahabad in Writ C No.13134 of 2022 and Civil Misc.
Review Application No.355 of 2022, respectively. By the
impugned orders, the High Court dismissed the writ
petition as well as the review petition preferred by the
Appellants, thereby upholding the actions taken by the
Respondent authorities restricting the sale of a medicinal
preparation known as “aromatic tincture of cardamom” at
the Appellants’ medical shops.
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3. The factual background giving rise to the present appeals
are as follows:
3.1. The Appellants are proprietors of medical firms/shops
engaged for several decades in the wholesale and retail
sale of drugs and medicines at Agra, Uttar Pradesh. They
hold valid and subsisting licenses under the Drugs &
Cosmetics Act, 1940 (hereinafter, “D&C Act, 1940”) and
the rules framed thereunder, permitting them to sell,
stock, and distribute various drugs, including a he...