Govt Can Only ‘Monitor’ MRP Of Non-Scheduled Formulations Under Drugs (Price Control) Order, Not Fix Or Revise It: Delhi High Court

Case: Union of India & Anr. v. Bharat Serums and Vaccines Limited

Coram: Chief Justice and Justice Subramonium Prasad

Case No.: LPA 118/2023

Court Observation: “Penalty is only stipulated under the parent legislation and cannot be a part of an Order under the same. Thus,the term “penalty” under Para 20 of the 2013 DPCO does not create an additional penalty beyond what is provided under the EC Act”.

“This Court finds it difficult to find any rationale or justification as to why the benefit of rounding-off may be limited to only scheduled formulations, which are governed by a much stricter price control regime”.

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Govt Can Only ‘Monitor’ MRP Of Non-Scheduled Formulations