2001 (3) TMI 763

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.... under First Schedule to Drugs (Prices Control) Order, 1987 (hereinafter referred to DPCO, 1987) as amended from time to time. The explanation to this notification stipulates that 'bulk drugs' shall have the same meaning assigned to it in the DPCO, 1987 and shall include their salts, esters or derivatives. However, DPCO, 1987 was repealed with effect from 6-1-1995 and replaced by Drugs (Prices Control Order), 1995 (hereinafter referred to as DPCO, 1995) on that date. However, Notification Nos. 6/94 and 7/94, both incorporating by reference DPCO, 1987 were not amended until 9-2-1995, when by Notification 7/95, dated 9-2-1995 the entry at Sl. No. 6 and the explanation was omitted and by Notification No. 8/95-C.E., dated 9-2-1995. The benefit ....

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....nt."           when the issue in this case is, incorporation by reference and the parent Statute is repealed. This only indicates, total non-application of mind ; since either a judgment is applicable or not applicable. It cannot be dismissed as 'May also be not relevant'.           The order needs to be set aside only on this ground of non-application of mind. (c)      In Mohan Chaudhary v. Chief Commissioner, Union Territory of Tripura, AIR 1964 Supreme Court 178 at 179, examining Section 8(1), The General Clauses Act, 1897, the Court held the words "Instrument" in Section 8(1) as ".... But in the context of the G....

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....ith or without modification, any provision of a former enactment, then reference in any other enactment or in any instrument to the provisions so repealed shall, unless a different intention appears, be a reference to the provisions re-enacted." The Notifications 6/94 & 7/94 and reference to DPCO, 1987 therein, would therefore continue to be in force with the incorporated provision of the repealed statute being treated in force as part of it (see Narottam Das v. State of M.P. - AIR 1964 SC 1667 (1670) definition adopted in an Act from an earlier Act remains unaffected even after the earlier Act has ceased to be effective). We would therefore apply the 'Bulk drug' definition in DPCO, 1987 for the purposes of Notifications 6/94 & 7/94 till....