Penalties to erring drug makers must ensure deterrence, says HP High Court : The Tribune India

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Penalties to erring drug makers must ensure deterrence, says HP High Court

Penalties to erring drug makers must ensure deterrence, says HP High Court


Legal Correspondent

Shimla, May 15

Expressing concern over the increasing incidents of production of substandard drugs in the state, the HP High Court has directed the health authorities to consider a mechanism to review the punishment imposed on erring drug manufacturers within the state of Himachal Pradesh.

A Division Bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua passed this order after perusing the status report filed by the government on this issue.

The court further observed that “report indicates that certain actions have been taken when it was noticed that the drugs were not of standard quality. Such actions range from suspension of product permission to prosecution. It appears that notwithstanding such actions having been taken by the state authorities, there continues to be production of substandard drugs and their sale within India and export thereof outside India.”

It further said that “instances have come to light where in some African countries, there have been deaths on account of consumption of such substandard drugs manufactured within the state of Himachal Pradesh by members of the Drugs Manufacturers Association.”

The court further observed that “the need of the hour appears to be to have a review/oversight of the punishments imposed on erring laboratories so that adequate deterrence is there and production of standard quality drugs is ensured both for domestic consumption and export.”

To make the two state drugs laboratories at Baddi functional, the court said that it was desirable that health authorities of the Central Government remove bottlenecks which have come in the way of the said laboratories becoming functional. Otherwise, it would be a waste of taxpayers’ money that has been spent on establishing these laboratories.

It directed the authorities to file a status report on the above aspect and listed the matter for further hearing on August 28.

While passing this order, the court observed, “We are also distressed to note that though sufficient funds have been made available for running two state drugs laboratories at Baddi and even building for one of them has been constructed utilising funds provided by both state and Central Government, neither of these laboratories is functional.”

The court passed this order on a PIL highlighting the issue of production of substandard drugs in the state.

#Shimla


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