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26A.Powers of Central
Government to prohibit manufacture, etc., of drug and cosmetic in public
interest. � Without prejudice to any other provision contained in this
Chapter, if the Central Government is satisfied, that the use of any drug or
cosmetic is likely to involve any risk to human beings or animals or that any
drug does not have the therapeutic value claimed or purported to be claimed for
it or contains ingredients and in such quantity for which there is no
therapeutic justification and that in the public interest it is necessary or
expedient so to do, then, that Government may, by notification in the Official
Gazette, prohibit the manufacture, sale or distribution of such drug or
cosmetic.]
COMMENTS
The State's obligation of enforce
production of qualitative drugs and elimination of the injurious ones from the
market must take within its sweep an obligation to make useful drugs available
at reasonable price so as to be within the common man's reach; Vincent
Panikurlangara v. Union of India; AIR 1987 SC 990.
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