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Supreme Court of India 2020-11-06 allowed

VETINDIA PHARMACEUTICALS LIMITED vs STATE OF UTTAR PRADESH AND ANOTHER

Bench: 3 — R.F. Nariman, Navin Sinha, Krishna Murari

In Brief

A pharmaceutical company challenged its indefinite blacklisting by the State of Uttar Pradesh over a misbranded veterinary medicine that it had never actually supplied. The High Court dismissed the petition solely on the ground of delay (filed 10 years later). The Supreme Court allowed the appeal, holding that: (1) the blacklisting order violated natural justice because the show cause notice did not expressly mention that blacklisting was contemplated; (2) the delay was not unexplained—the company had continuously pursued the matter with authorities, which then sat over it; and (3) indefinite blacklisting is an extreme penalty akin to 'civil death' requiring clear procedural safeguards. The Court set aside both the High Court's order and the blacklisting order itself.

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Administrative Law Pharmaceutical Regulation Natural Justice Blacklisting Writ Jurisdiction Delay Drugs and Cosmetics Act

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