JUDGMENT : 1. A list of 9 drugs is given by learned counsel for the petitioner in the form of a letter dated 3.8.1995 addressed to the Additional Solicitor General (at Pages 1179-80 of the Paper Book) which drugs according to the petitioners require to be banned on the basis of the recommendations of the Drug Technical Advisory Board (DTAB). The learned Additional Solicitor General submits that steps have already been taken by the concerned authorities to immediately ban the manufacture, marketing and supply of the drugs shown at Serial Nos. 1 to 7 in this document. In respect of the drug at Si. No. 8 therein, the learned Additional Solicitor General submitted that the necessary action for banning the same is likely to be taken within a period of about two weeks from now. 2. In respect of the drug shown at Sl. No. 9 which is a fixed dose combination of Streptomycin with Pencillin, the learned Additional Solicitor General submits that the report of the DTAB does not appear to be comprehensive and therefore further opinion of the DTAB in being sought with reference to certain factors to be specified in the query made for the purpose. The learned Additional Solicitor General submits that1h decision of the concerned authorities on the question of ban of this drug would be taken after obtaining this further report from the DTAB. In our opinion, this is a matter of some urgency because of an indication in the report already given by the DTAB suggesting its preference for use of the two drugs individually and not in a fixed dose combination for the reasons which have been given in the report. 3. We, therefore, direct the Government of India and the concerned authorities to take immediate steps to obtain the further opinion of the DTAB in this behalf in the light of what has been submitted by the learned Additional Solicitor General within one month from today and to produce the same in the Court with an additional affidavit mentioning therein the relevant facts of the basis of which the Govt. of India the concerned authorities form the' final opinion in respect of the drug SI. No. 9. 4. The concerned authorities wo also file an affidavit within four we categorically stating therein the steps taken by them to implement the ban' respect of drugs Nos.
of India the concerned authorities form the' final opinion in respect of the drug SI. No. 9. 4. The concerned authorities wo also file an affidavit within four we categorically stating therein the steps taken by them to implement the ban' respect of drugs Nos. 1 to 7 and all steps taken to ensure the non-availability these drugs in any manner of consumption, including publicity of the ban. 5. A copy of the aforesaid letter dated 3.8.1995 of the learned counsel for the petitioner addressed to the learned Additional Solicitor General be kept Annexure `A' to this order for the purpose of the record. 6. List it on 9.10.1995.