S Sabaqat
Srinagar, Oct 24: A division bench of High Court today asked Central Drugs Standard Control Organization (CDSCO) to submit report about re-testing 156 samples drawn by it from Jammu and Kashmir by November 11.
On the last date of hearing, the court had directed CDSCO that instead of sending the small number of samples to Kolkata and rest of the samples to Chandigarh laboratory, all the 156 samples be sent to both the laboratories.
Accordingly to the status report filed by the CDSCO, the samples have already been sent for testing but the test reports are awaited.
Subsequently, the division bench of the court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar said, "Let the test report be placed on record by the adjourned date. List again on 11-11-2013."
Earlier this year, the samples were drawn by a high level team of CDSCO from Jammu and Kashmir out of which 49 samples were sent to CDL Kolkata and remaining 107 to RDTL Chandigarh for analysis. While CDL Kolkata declared 20 samples 'not of standard quality', RDTL Chandigarh evaluated seven drugs as 'not of standard quality.'
On the last date of hearing, the court had also issued directions regarding according sanction for the prosecution of persons against whom chargesheet has been presented after adequate evidence was found by Crime Branch during its investigation against them.
"It was stated on the last date of hearing that the decision with regard to according sanction would be taken within four weeks i-e or before 10.10.2013. However, according to the status report filed, the matter is still pending with General Administration Department and it is stated that some more time is required," the court said. Advocate General M I Qadri stated that needful shall be done before November 11.
In compliance to earlier court directions, the government in its status report had said that after receiving a report from committee constituted on 12-4-2013 which conducted departmental inquiry, charge sheet has been served on 25 officers.
As per the Crime Branch, the offences under Section 274, 420, 465, 467, 468, 471 and 12-B RPC have been established against delinquent officials including Dr Madhu Khullar (then Director Health Services and Chairperson of the Purchase Committee-II), Lotika Khajuria (Deputy Drug Controller), Reva Gupta (the then Administrator Associated Hospitals) and Joginder Kumar. However, the Crime Branch could not file the charge-sheet against them and awaiting sanctions for the prosecution from the government.
The court passed the directions while hearing a Public Interest Litigation titled Dr Nissar-ul-Hassan Vs State. |
