The Supreme Court set aside the Allahabad High Court's decision upholding a District Magistrate's ban on the aromatic tincture of cardamom, citing a lack of statutory authority.
It held that only the Central Government, under Section 26A of the Drugs and Cosmetics Act, 1940, can prohibit a drug.
The Court ruled that subordinate authorities cannot classify a licensed product as contraband, emphasizing centralized regulatory control.
The ban violated Article 19(1)(g), restricting lawful trade. The case arose from inspections in Uttar Pradesh alleging misuse due to high alcohol content, which was unsupported by statutory notification.
6 months ago
Pratham DaveBookmark