Drugs & Cosmetics Act | Power To Prohibit Drug Only With Central Govt; Trade Can't Be Restricted Without Notification U/S 26A : Supreme Court

The Supreme Court recently set aside the orders of the Allahabad High Court which upheld the decision of a District Magistrate in restricting the trade of 'aromatic tincture of cardamom' on grounds that it has a high level of alcohol content and therefore is a prohibited article under the Drugs & Cosmetics Act, 1940.A bench of Justices Vikram Nath and PB Varale held that the power to impose. The Supreme Court recently set aside the orders of the Allahabad High Court which upheld the decision of a District Magistrate in restricting the trade of 'aromatic tincture of cardamom' on grounds that it has a high level of alcohol content and therefore is a prohibited article under the Drugs & Cosmetics Act, 1940. A bench of Justices Vikram Nath and PB Varale held that the power to impose a prohibition or declare a drug as banned or restricted for reasons of public interest lies exclusively with the Central Government as provided in Section 26A of the D&C Act, 1940. Against these orders, the Appellant preferred an SLP before the Supreme Court arguing that restricting their fundamental right to carry on a lawful trade and business violates Article 19 when there is no restriction provided under the 1940 Act to sell aromatic tincture of cardamom.