SC Issues an Order on the Prescribed Standard of Medical Samples

Must Read

“Dismissal Without Inquiry Is Justified if Employee Did Not Prove Minimum Working Period”: Supreme Court

This case concerns the dispute relating to the termination of an employee without any disciplinary inquiry. Brief facts of the...

“Rape Victim To Be Provided Shelter Due To Media Attention Prohibited Under Section 228A of the IPC”: Supreme Court

This case concerns the petition by a rape victim for rehabilitation as she was social ostracization.  Brief facts of the...

Benefit of Probation Not Excluded by the Provisions of Mandatory Minimum Sentence Under Section 397 of Ipc

This case concerns the dispute regarding the granting of probation on good conduct to the accused under the age...

Supreme Court Asks for the Centre’s Response on PIL Filed Seeking the Formation of a Media Tribunal

The Supreme Court sought responses from the Press Council of India (PCI), News Broadcasters Association (NBA) on a PIL which sought to set up a media tribunal to tackle issues concerning the media like complaints against media, channels, and networks. Media has become like an unruly horse that has to be tamed to express the plea.

Law Student Asked the Supreme Court To Take Suo Moto Cognizance of the Violent Farmer Protests

A law student of Mumbai University, Ashish Rai has asked the Supreme Court to take Suo Moto Cognizance of the insult to the national flag done by the farmer protests at the Red Fort. In the course of the farmer's tractor rally on Tuesday, some of the protesters unfurled their own flags by entering the premises of the Red Fort.

Farmers Meeting With the Supreme Court Committee Postponed To Jan 29 Due To the Traffic Restrictions

Due to the traffic restrictions after the violent protests broke out on Republic Day, the meeting of farmers with the Supreme Court Committee that was supposed to take place today was postponed to 29th January.

Follow us

A division bench of the Hon’ble Supreme Court heard the case of Medipol Pharmaceuticals India Pvt. Ltd. V Post Graduate Institute of Medical Education & Research and Anr on 5th August, 2020. The bench comprised of Hon’ble Justice R.F. Nariman and Hon’ble Justice Navin Sinha.

Brief facts of the Case

The first respondent invited quotations for Clotrimazole cream and the appellant, Medipol Pharmaceuticals India Pvt. Ltd submitted the same. The appellant also specified that the cream had a shelf life of 2 years. Subsequently the rates were negotiated and the supply was made. However, after the second installment the respondent made various complaints and sent the cream for testing under section 25(1) of the Drugs & Cosmetics Act, 1940. 

The report came few days prior to the expiry of the shelf life of the cream. It showed that the sample was 61.96% against the acceptable standard of 95-105%. Consequently, two show cause notices were issues by the State Drugs Controller and Drug Inspector respectively to the appellant. Meanwhile, the appellant also sent the cream for testing in the appellate lab and requested to hold the blacklisting of its cream till the results came. Nevertheless, the appellant was blacklisted for 2 years. The appellate lab report showed the sample to be of 92.01% even after expiry. The appellant then filed a writ petition in the Punjab and Haryana High Court which was dismissed. The reason given for the same was that the appellate lab result was also not up to the prescribed standard. As a result, the appellant filed an appeal in the Supreme Court.

Court’s Observations

The Hon’ble Supreme Court interpreted section 25(1) of the Drugs & Cosmetics Act, 1940 by referring to several precedents and pari materia provisions of other acts. The court opined that no penalty shall be sustained when inflicted upon an article which deteriorates with time if it is tested as not containing requisite standard due to delay predominantly attributable to the state. It further stated that section 25 grants a valuable right which would render any such penalty as void.

Further, the Court considered the High Court order to be perverse as it was based solely upon the first laboratory report. Instead the High Court should have struck down the order of blacklisting as the said order did not take into account the appellate lab report.

Moreover, the court stated that the delay on the part of Drug Authorities was unexplained as the second sample was tested 8 months after the expiry of shelf life. Thus, the order of blacklisting was infirm

Court’s Decision

The Hon’ble Supreme Court set aside the order of blacklisting as well as the High Court Judgment. The court held that if a person is penalized due to the sample tested by the Government Analyst being against him, then the person shall have a right to get the sample tested by a superior or appellate authority.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

“Dismissal Without Inquiry Is Justified if Employee Did Not Prove Minimum Working Period”: Supreme Court

This case concerns the dispute relating to the termination of an employee without any disciplinary inquiry. Brief facts of the case The Respondent, Smt. Sureshwati was...

“Rape Victim To Be Provided Shelter Due To Media Attention Prohibited Under Section 228A of the IPC”: Supreme Court

This case concerns the petition by a rape victim for rehabilitation as she was social ostracization.  Brief facts of the case In this case, a writ...

Benefit of Probation Not Excluded by the Provisions of Mandatory Minimum Sentence Under Section 397 of Ipc

This case concerns the dispute regarding the granting of probation on good conduct to the accused under the age of twenty-one years.   Brief facts of...

Supreme Court Asks for the Centre’s Response on PIL Filed Seeking the Formation of a Media Tribunal

The Supreme Court sought responses from the Press Council of India (PCI), News Broadcasters Association (NBA) on a PIL which sought to set up a media tribunal to tackle issues concerning the media like complaints against media, channels, and networks. Media has become like an unruly horse that has to be tamed to express the plea.

Law Student Asked the Supreme Court To Take Suo Moto Cognizance of the Violent Farmer Protests

A law student of Mumbai University, Ashish Rai has asked the Supreme Court to take Suo Moto Cognizance of the insult to the national flag done by the farmer protests at the Red Fort. In the course of the farmer's tractor rally on Tuesday, some of the protesters unfurled their own flags by entering the premises of the Red Fort.

Farmers Meeting With the Supreme Court Committee Postponed To Jan 29 Due To the Traffic Restrictions

Due to the traffic restrictions after the violent protests broke out on Republic Day, the meeting of farmers with the Supreme Court Committee that was supposed to take place today was postponed to 29th January.

Supreme Court Stays Bombay HC Judgment which said Groping without Skin Contact Not Sexual Assault under POCSO

The National Commission for Women (NCW) has challenged the Bombay High Court judgment where it stated that groping a child’s breasts without any ‘skin-to-skin’ contact will not be considered as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.

Supreme Court Classifying Employees Based on Educational Qualifications for Promotion or Appointment Is Neither Violative of Article 14 nor of Article 16

This case concerns the dispute relating to the classification of employees belonging to the homogenous group based on educational qualifications. Brief facts of the case The...

Supreme Court Refuses To Transfer Petitions To Itself Related To ‘Love Jihad’ Filed in Allahabad High Court

On Monday, the Supreme Court refused to entertain the plea which was filed by the UP Government regarding the transfer of all the pleas challenging the ordinance the court passed, from Allahabad High Court to the Supreme Court.

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

More Articles Like This

- Advertisement -