Early Times Report
Srinagar, May 3: Expressing concerns for the common people after 83 more drugs were found sub standard, a Division Bench of the Jammu and Kashmir High Court has directed government to file action taken report against the pharmaceutical companies after 83 more drugs have been found of poor quality in the state. Division Bench directed respondents to come up with fresh status report in this regard..Hearing a Public Interest Litigation (PIL), a Division Bench of the court comprising Justice Hasnain Massodi and Ali Mohammad Magrey after perusal of a compliance report filed by the Drug Inspectors of the state, submitting that 3047 drug samples have been found to conform to the standard and 83 samples as substandard, the Division Bench observed also indicates the action has been taken against five pharmaceutical companies found by CDL Kolkata to manufacture, market substandard drugs.
"The respondents shall indicate the action taken against the pharmaceutical companies found to have marketed 83 substandard drugs and fate of 293 samples not tested or reports in respect whereof are awaited," the Division Bench said.
Division Bench also directed government to submit status report submitted by Farooq Ahmad Peer, Commissioner Secretary to Government Department of Rural Development and Panchayati Raj, to General Administration Department for follow up action about the departmental inquiry in the purchase of spurious drugs.
In the meantime, the Division Bench also directed the respondents to file fresh status report, indicting the steps taken to fillup the 12 vacant posts of Drug Inspectors as also action taken on the enquiry report submitted by F A Peer to the GAD. "The progress made towards setting up new Additional Drug Analysis Laboratories and augmenting the existing infrastructure shall also be indicated in the latest status report," the Division Bench said. In its order, the court also said that a detailed compliance report has been by Central Drug Control Organization (CDCO). "It needs to be pointed out that apart from samples lifted by Drug Inspectors. 156 samples appear to have been lifted by CDCO from various hospitals/chemists shops/retail outlets. Out of the lifted samples, 27 samples have been declared substandard by RDTL Chandigarh and CDL Kolkata," the court said and pin pointed, "However, prosecution against none of the manufacturers/chemists/retail outlets, has been launched till date."
"The Central Drug Control Organization has felt satisfied with taking some administrative steps like cancelling the drug manufacturing licence, and issuance of show cause notice etc. the action does not satisfy the requirement of Drugs and Cosmetics Act, 1940," the court said, further pointing out that in terms of Section 27 of the Act, prosecution is to be launched against the erring pharmaceutics companies/chemists/retail outlets and if the allegations are proved, all those responsible for manufacturing/marketing or transportation of the spurious or substandard drugs are to be punished.
S A Makroo, ASG of India stated even if the samples have been lifted by CDSCO, the prosecution is to be launched by state government.. However, Advocate General insists that prosecution in such cases is to be launched by CDSCO. On this Division Bench directed ASG India to come up with fresh status report in this regard. |
