No Hearing, No Justice – HC Rebukes Drug Production Ban
On 26.2.2025, the notice was issued to produce documents relating to the manufacture and sale of drugs under export NOCs issued by the Central and State Departments.
Simultaneously, by the order dated 26.2.2025, without giving hearing, the petitioner was directed to stop manufacturing of all the products.
However, subsequently, on 27.2.2025, the show cause notice under Rule 85(2) of the Drugs and Cosmetics Rules, 1945, was issued.
The reply and the compliance report both were submitted. However, the permission to resume production was not given. The Minister has also dismissed the appeal on 10.7.2025.
HELD that the order of suspension of all drugs production was passed two days prior to the show cause notice under Rule 85(2). The impugned action of prohibiting manufacture of sale and distribution of all the medicinal products was in clear violation of the statutory requirements.
Drugs and Cosmetics Act, 1940 and the Drug and Cosmetics Rules, 1945,
Judgment dated 22.9.2025 of the High Court of Bombay in Writ Petition No.10602 of 2025 of M/s National Pharmaceuticals through its Director Vs. Joint Commissioner (K.D.) and others with connected writ petition no.10603 of 2025
