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HC stays trial court proceedings against pharma firm in drugs and cosmetics case
Shimla, June 8,
Himachal Pradesh High Court has stayed proceedings before a trial court against M/s Clevus Lifesciences and other petitioners in a case filed under the Drugs and Cosmetics Act, after raising questions over whether the Union Government was competent to file the complaint.
The order was passed by Justice Rakesh Kainthla while hearing a petition filed by the company and others challenging the complaint pending before a trial court.
Counsel for the petitioners argued that enforcement of provisions involved in the case falls within the domain of the State Government and not the Union Government.
They submitted that while “drugs and poisons” is a subject on which both the Centre and States can make laws, the responsibility for implementation and enforcement generally rests with the State unless Parliament specifically provides otherwise.
Therefore, according to the petitioners, the Union Government was not legally empowered to directly file the complaint before the trial court.
The petitioners also referred to constitutional provisions concerning opium, which is specifically covered under a separate Union List entry.
They argued that the Centre’s special powers relating to opium do not apply to the present case and therefore could not be used to justify the filing of the complaint by the Union Government.
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After hearing the arguments, High Court observed that the issue requires deeper consideration and noted that the contention raised by the petitioners appeared prima facie worthy of examination.
The court consequently ordered that proceedings pending before the trial court should remain stayed against the petitioners until the next date of hearing.
The Union of India has been granted four weeks to file its reply. The petitioners might file a rejoinder within two weeks thereafter. The matter has been listed for further hearing on June 30, 2026.
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The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
