Bombay High Court: In the present petition, the petitioner challenged the Notification issued by Respondent 2 that prohibited the manufacture, sale and distribution of two drugs used in Food Producing Animal Rearing System as these drugs were misused for poultry and other animal feed supplements. The Division Bench of Revati Mohite Dere and Sandesh D. Patil, JJ., held that the Notification would operate prospectively and allowed the sale of sale and distribution of the said drugs if the officer concerned verified that they were manufactured prior to the date of the Notification.
Respondent 2 had issued a Notification on 12-03-2025, whereby the import, manufacture, sale, and distribution of the following drugs for use in any Food Producing Animal Rearing System was prohibited with immediate effect:
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Chloramphenicol and its formulations; and
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Nitrofurans and its formulations.
The petitioner’s counsel, relying on Glenmark Pharmaceuticals Ltd. v. Union of India, 2025 SCC OnLine Del 2687, submitted that the Notification ought to be read as prospective in its operation and not retrospective, and the goods that were produced before the issuance of the Notification should not fall within its ambit. Even the counsel for Respondent 2 stated that the Notification would operate prospectively. The words used in the Notification, ‘with immediate effect’, clarified that the prohibition would apply from the date of the Notification, i.e., 12-03-2025.
The petitioner submitted that he had not manufactured any drugs after the issuance of the Notification. He requested that the drugs manufactured prior to 12-03-2025 be permitted to be sold in the market after due inspection and verification of their date of manufacture. The counsel for Respondent 2 stated that the officer concerned would inspect the goods and verify whether they were manufactured prior to the Notification, within two weeks, and upon such verification, permit the sale and distribution of the said drugs.
Consequently, the Court disposed of the petition, noting that there was nothing for further consideration.
[Alivira Animal Health Ltd. v. Union of India, Writ Petition No.12592 of 2025, decided on 13-10-2025]
Advocates who appeared in this case :
For the Petitioner: Nausher Kohli a/w Akash Agarwal and Jehan Fouzdar i/b MAAK Legal.
For the Respondents: Naveena Kumari and Aparna Rajeshwari.