In Brief
The Supreme Court addressed whether the Central Government must consult the Drugs Technical Advisory Board (DTAB) before banning drugs under Section 26A of the Drugs and Cosmetics Act. The Delhi High Court had held such consultation mandatory; the Madras and Karnataka High Courts disagreed. The Supreme Court held that Section 26A does not mandate DTAB consultation—Parliament deliberately omitted this requirement, evident from other sections expressly requiring it. The Central Government's action under Section 26A is valid if based on expert advice and relevant material showing the drug poses risks, lacks therapeutic value, or contains unjustified ingredients. On the case's peculiar facts involving 344 banned Fixed Dose Combinations, the Court directed the DTAB to re-examine them and submit a report within six months, directing fresh notifications thereafter."
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