Authority: Supreme Court of India (Civil Appellate Jurisdiction)
Order Date: 04 August 2026
Case Overview
- Parties: Drugs Controller General (India) (Petitioner) vs. M/s Marion Biotech Private Limited and others (Respondents).
- The appeal arose from the cancellation of Marion Biotech’s licence by the Drug Controller and subsequent orders of the appellate authority under the Drugs and Cosmetics Rules, 1945 dated 11‑08‑2023 (partial allowance) and 04‑10‑2023 (review), which the Court found lacked reasoning.
- The High Court of Judicature at Allahabad had delivered a judgment and order on 19‑05‑2025 (WRITC No. 2373/2024) which was also challenged.
- The Court observed that the appellate authority failed to apply its mind to the material records and did not provide cogent reasons.
- Counsel appearing: for the appellant – Additional Solicitor General Anil Kaushik; for respondents – senior counsel Neeraj Kumar Singh, Dinesh Kumar Goswami, and other counsel listed in the record.
Final Outcome
- The two appellate authority orders (dated 11‑08‑2023 and 04‑10‑2023) are set aside.
- The appeal filed by Marion Biotech against the licence cancellation is restored to its original number and file; the appellate authority is directed to rehear and decide the appeal afresh.
- No opinion is expressed on the merits; the Drug Controller’s order continues to operate until the fresh decision is rendered.
- The High Court judgment dated 19‑05‑2025 is also set aside.
- The appeals are disposed of in terms of the signed order; any pending applications, if any, shall stand closed.
- Delay in filing is condoned and leave is granted.
Topics: Legal Procedure, Pharmaceutical Regulation, Court Judgment