Excelsior Correspondent
SRINAGAR, May 20: The State High Court today directed the Sate to file by Thursday the status report regarding the members of the Purchasing Committee responsible for the purchase of the spurious drugs that were supplied to the Government hospitals in the State.
Chief Justice of Jammu and Kashmir High Court, Justice M M Kumar and Justice A M Magray while hearing the Public Interest Litigation tilted Dr Nisar-ul-Hassan versus State on the spurious drugs supplied to the hospitals in Jammu and Kashmir asked the Advocate General of the State, Mohammad Ishaq Qadri, to file the status report regarding the purchasing committee of the Health Department.
The Court observed that why the members of the Purchasing Committee and Verification Committee who were responsible for the purchase of the spurious drugs may not be suspended or at least transferred. “Their holding on to their positions may influence the investigations into the scam and it shows that somebody wants to shield them”, the court observed.
The Court observed that if the Controller Drug Stores, Srinagar was suspended and asked why was not equal treatment given to the members of Purchasing Committee and Verification Committee of the Health Department.
Advocate General Qadri while responding to the court observations said that Government has no objection in giving similar treatment to the members of Purchasing Committee and Verification Committee of the Health Department as was given to Controller Drug Stores. He told the court that Government will consider the observations made by the Court. It may be mentioned here that both the committees comprised around 30-40 officers of the Health Department and Government has to suspend 3 dozen top Health Department officials.
The court while taking cognizance of the Crime Branch report observed that the committee members be examined and their statements recorded. The court also observed that action be taken against these members for giving clearance to the supply of fake and spurious drugs to the Jammu and Kashmir Government hospitals.
The Court also directed that the petition filed by the M/s Medley Pharma challenging the arrest warrant of TADA Court under Section 561 before Justice Virender Singh at Srinagar Wing of High Court be clubbed with the PIL titled Dr Nisar-ul-Hassan versus State.
The Division Bench also clubbed another petition filed by M/s Affy Pharmaceuticals Pvt. Ltd. through its counsels K S Johal and Inderjeet Gupta before the Justice B L Bhat at Jammu Wing of the High Court. The Bench while taking notice of the petition directed the authorities not to arrest the petitioner (M/s Affy Pharmaceuticals Pvt. Ltd.) till next date.
The Court also directed the listing of the PIL alongwith the two petitions filed by M/s Medley Pharma and M/s Pharmaceuticals Pvt. Ltd. be listed on May 23.
The TADA Court in Srinagar had issued non-bailable arrest warrant against 15 suppliers and manufacturers of a spurious drug Maxamizine-625 to Government hospitals in Jammu and Kashmir.
M/S Medlay Pharmaceuticals seeking quashing of complaint filed by the Drug Inspector Srinagar against him and non-bailable arrest warrant issued against him by TADA Court. Justice J R Kotwal had in its order on May 3 stayed the proceedings against the M/S Medley Pharma.
It may be mentioned here that police registered cases against suppliers and manufacturers of Maxamizine-625 drug that was supplied to hospitals across Kashmir valley after it was found spurious. The antibiotic tested negative for amoxicillin while the company had claimed that it contains 500 miligramme of amoxicillin.
The drug, Maximizane 625 milligram, along with several other drugs were chosen in random sampling for laboratory testing by the Drug Controller Kashmir during winter. The drugs were sent to the laboratory for testing and the anti-biotic tested negative as the laboratory report revealed that it contains “NIL” Amoxicillin. The drug contained Zero milligrams of Amoxicillin tri-hydrate while the company claims that it contains 500 milligrams of Amoxicillin tri-hydrate + 125 milligrams clavulanic acid.
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