Himachal HC Stays Proceedings Against Clevus Lifesciences, Questions Centre's Authority to File Complaint
New Delhi: The Himachal Pradesh High Court has temporarily stayed proceedings before a trial court in a case filed under the Drugs and Cosmetics Act against Clevus Lifesciences and other accused parties.
The Court has raised a preliminary question regarding the authority of the Union Government to file the complaint. According to a recent media report in Himachalscape, the interim order was passed by Justice Rakesh Kainthla while hearing a petition challenging the validity of the complaint pending before the trial court.
Appearing on behalf of the petitioners, counsel contended that the implementation and enforcement of the statutory provisions involved in the matter fall within the jurisdiction of the state government rather than the central government.
The petitioners argued that although "drugs and poisons" is a subject included in the Concurrent List, allowing both Parliament and State Legislatures to enact laws, the actual administration and enforcement of such laws ordinarily remain with the State Governments unless specific legislative provisions provide otherwise.
On this basis, the petitioners maintained that the Union Government lacked the legal authority to directly lodge the complaint before the trial court.
The petitioners further relied on constitutional provisions relating to opium, pointing out that the subject is specifically covered under a separate entry in the Union List. According to them, the Centre's exclusive powers concerning opium are not relevant to the present dispute and therefore cannot be invoked to support the filing of the complaint by the Union Government.
After considering the submissions, the High Court observed that the issues raised merit detailed examination. The Court noted that the arguments advanced by the petitioners disclosed a prima facie case requiring further consideration.
Accordingly, the court stayed the proceedings pending before the trial court against the petitioners until the next date of hearing, reports Himachalscape.
The Union of India has been granted four weeks to file its reply, following which the petitioners may submit a rejoinder within two weeks. The matter is scheduled to be heard next on June 30, 2026.
