Prosecute substandard drug manufacturers, chemists, retailers: HC

Fayaz Bukhari
SRINAGAR, May 3: Jammu and Kashmir High Court today said that administrative action taken by Government against manufacturers, chemists and retail drug outlets for manufacturing, marketing and transporting of spurious and substandard drugs won’t suffice but they need to be prosecuted.
The Division Bench of the High Court comprising Justice Hasnain Masoodi and Justice Ali Mohammad Magrey after perusal of status report filed by Central Drug Control Organization (CDCO) said:  “The CDCO has felt satisfaction with taking some administrative steps like cancelling the drug manufacturing license and issuance of show cause notice. The action does not satisfy the requirement of Drugs and Cosmetics Act 1940.”
The court order reads: “…However prosecution against none of the manufacturer, chemist or outlet has been launched till date. It is pertinent to point out that in terms of Section 27 of the Act which prescribes punishment of 10 years imprisonment which can be extended up to life imprisonment, in this back drop administrative action would not suffice.”
CDCO in its status report had submitted that 156 samples lifted by the drug inspectors of CDCO from various hospitals, chemist shops and retail outlets of the State and 27 samples have been declared substandard by RTDL Chandigarh and CDL Kolkata after their retesting.
Advocate General M I Qadri today apprised the court regarding filling up of posts of drug inspectors. He submitted that out of 84 posts of drug inspectors 12 are unfilled as on date and steps in this view are taken for which court shall be informed on next date.
Qadri submitted that out of 3423 samples lifted 3130 have been tested and 83 out of 3130 have been found substandard, and 293 samples are in pipeline for testing. He said that former Commissioner Secretary to Government Rural Development and Panchayati Raj, Farooq Ahmad Peer, has submitted enquiry report to General Administration Department against 5 pharmaceutical companies for follow up action.
Assistant Solicitor General of India (ASGI), Advocate Showkat Ahmad Makroo stated that samples have been lifted by the CDCO but it is the State Government that has to prosecute manufacturers, chemists and owners of retail drug outlets. However, Advocate General insisted that prosecution in such cases where samples have been lifted by CDCO is to be launched by the CDCO and the State Government is to launch prosecution only where the drug inspectors of State Government lifted the samples are found to be substandard.
Court directed Makroo to file fresh status reports by next date, and also directed Advocate General for filing of status report apart from these issues also indicating there in the progress made towards setting up new drug analysis laboratories and augmenting the existing infrastructure.
The court was hearing a public interest litigation, Dr. Nissar-ul-Hassan Vs State and others, against the spurious drug scam which was unearthed in June, 2013.
The Government has cancelled and suspended drug license of the drug manufacturing companies whose drugs were found substandard but no one has been prosecuted.

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