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New Delhi: The Supreme Court on Monday refused to entertain a petition challenging a decision by the country’s drug price regulator to withdraw its internal guideline to set prices of non-essential drugs.

Earlier this year, the National Pharmaceutical Pricing Authority (NPPA) issued a guideline empowering itself to cap the prices of 108 non-essential drugs, attracting criticism from the industry. It was withdrawn on 22 September, after a directive by the government’s department of pharmaceuticals. Lawyer M.L. Sharma had filed a public interest litigation against the withdrawal, saying the decision could lead to a rise in the prices of certain drugs as it would allow “pharmaceuticals companies to raise price as per their choice to secure windfall gain".

A bench headed by chief justice H.L. Dattu, however, asked Sharma to withdraw his petition and approach the central government with a representation, as it was government policy.

The petition was filed in earlier this month when the apex court had said it would hear the case “as early as possible".

A similar petition was also filed before the Delhi high court by the All India Drug Action Network (AIDAN).

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