TELANGANA HC ISSUES NOTICE TO STATE REGARDING THE ILLEGAL SALE OF DRUGS

(By – Ukkash F)

Amidst the lockdown due to the Coronavirus, the Telangana HC on Wednesday issued notice to the Centre regarding a PIL alleging that the Chemists and druggists store is running in the absence of a recognized pharmacist. The Notice also alleges to implement various provisions of the Drugs and Cosmetics and Pharmacy Act.

It is also stated that most of the medicines are supplied by the pharmacists impersonating the doctors without actually interpreting the prescription. The Plea contains that section 42 of the Pharmacy Act and Rule 65(1) and (2) of the Drugs and Cosmetics Act are not followed by the pharmacists. Section 42 mandates that no person other than a registered pharmacist is allowed to compound, prepare, or mix any medicine on the prescription of a medical practitioner. Its contravention is punishable for up to 6 months and fine. The aforesaid rule stipulates the conditions for a licensed drug store where;

“Any drug shall, if compounded or made on the licensee’s premises, be compounded or made by or under the direction and personal supervision of a registered pharmacist.”

The pharmaceutical stores are not abiding by the provisions of the Act and have been grossly violating the rules. Moreover, many stores are giving away medicines without any prescriptions from medical practitioners.

The petition prays for a direction to the respondents to issue necessary orders for strict implementation of the rules regarding the selling of H1 drugs and other medicines without prescriptions. Also, to follow the rules for preserving and forwarding the shreds of evidence to the concerned authority. Further, a direction is sought for having an inspection of the licensed store under Section 22 of the Act. The Telangana HC has sent a notice to the Centre considering the plea.