High CourtsDivision Bench(2013) 08 P&H CK 0021

Gurpreet Singh Bhai Ghanaiya Cancer Roko Sewa Society vs State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 19 August 2013 · Citation: (2013) 4 RCR(Civil) 96 : (2013) 4 RCR(Criminal) 130

HON’BLE JUDGES
Sanjay Kishan Kaul, C.J · Augustine George Masih, J
RESULT
Disposed Off
CASE NUMBER
C.W.P. No. 4047 of 2013

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Judgment

8 paragraphs · 223 words

Sanjay Kishan Kaul, C.J.—The affidavit of respondent No. 4 has been perused by us where it is averred in paras 13 and 14 as under:-

13.

That as regards pricing of anti-cancer drugs, it stated that these drugs were not covered under the Drugs (Prices Control) Order 1995 and treated as non scheduled drugs, manufacturer were at liberty to fix the prices by themselves without seeking the approval of Government/NPPA. Also there was no control on the launch price to the non scheduled formulations. Further, no trade margin is specified in respect of non scheduled formulations under DPCO, 1995.

14.

That recently the Government has notified DPCO, 2013 on 15.6.2013. There are 33 anti-cancer medicines covered under DPCO, 2013 and action for price fixation of these medicines in the specified dosage and strength has been initiated by the respondents.

In view of the aforesaid, learned amicus curiae states that only time period for price fixation ought to be specified.

2.

Learned counsel appearing for the said respondent states that about a month''s time may be given for the said purpose. Erring on the side of caution, we grant six weeks'' time to the authorities to do the needful with wide publicity.

Petition accordingly stands disposed of.

List for compliance on 21.10.2013.

The compliance report be filed three days prior to the next date.