Excelsior Correspondent
SRINAGAR, Sept 24: Observing that the majority of cases of prosecution against the manufacturing and selling of substandard drugs are defective, the High Court recommended proper training to the officials of the Drug Controller Department so that the cases against the accused are not quashed on account of technical defects.
The proper training for the Drug Controller Department has been recommended by the court of Justice Rajnesh Oswal in a case whereby the proceedings of the complaint “State through Drugs Inspector Vs. Ms. Sunita Dhawan and Ors.” under Drugs and Cosmetics Act, 1940 and the order of issuance of process by Chief Judicial Magistrate, Kargil have been challenged on the ground that the Drug Inspector concerned has not arrayed the company ‘M/s Stride Health Care Pvt. Ltd’ as an accused in the complaint.
It has been added that in terms of mandate of Section 19(3) of the Drugs and Cosmetics Act, the proceedings against the petitioner cannot be continued in view of the admission made by the respondent in the complaint that the drug in question was acquired from a license manufacturer/distributor and dealer by the company i.e. M/s Stride Health Care Pvt. Ltd and there is no allegation in the complaint that the petitioner had tampered with the seal of packed drug and that the same is also substantiated by the report of Government analyst.
Justice Oswal quashed the proceedings of complaint made by the Drug Inspector against the petitioner. While quashing the proceedings, the court noted that majority of the prosecutions initiated under the Drugs and Cosmetics Act fail at the threshold only, in both the Union Territories of J&K and Ladakh, just because of non-compliance of the procedure envisaged under the Act.
“This court has come across, number of complaints wherein either the company is not arrayed as an accused, as in the present case, or the Director(s) is/are arrayed as accused without making any averment in the complaint in respect of his/their role in the commission of offences. The defects pointed out by this court can be taken care of by providing the proper training to the officers concerned in respect of the technical requirements of law”, Justice Oswal recorded in the order.
The court hoped that Commissioner/Secretary, Health and Medical Education Department, Union Territory of Leh, shall examine and look into the concerns shown by the Court and take corrective measures so as to ensure that the complaints under the Drugs and Cosmetics Act, are not quashed at the initial stage only on account of technical defects.
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