Sc Permits Export Of Drugs Banned In India

The Supreme Court yesterday allowed Tata Pharma, Hoechst and Cadilla to export their existing stocks of analgin combination drugs banned in this country to be exported to meet their contractual obligations.

The companies pleaded that they had signed contracts with Russia and some other CIS countries to supply these medicines. These brands, like Banargin, are not banned in those countries.

But the court imposed a duty on the central government to see that none of the banned medicines will be utilised for consumption within the country. The particulars of the stocks before December 17 last year, when the ban came into force, have been given by the companies and are in the process of certification, the additional solicitor general submitted.

 

The government also stated that it had no objection to the export of banned medicines to countries which have not banned them. The court recorded the assurance of the government counsel that it would be able to monitor the strict compliance of the order, ensuring that the banned medicines would not be distributed in this country.

The court, therefore, allowed the manufacturers to approach the authorities to enable them to export the certified stock. The central government will be responsible for ensuring that the certified stock is utilised only in this manner, the court reiterated.

The division bench consisting of Justice J S Verma and Justice B N Kirpal also allowed the core group set up by them to study the impact of some controversial medicinal brands to submit its report as far as possible by May 31.