UP govt issues order to police to file FIR against cos marketing substandard drugs

Mumbai, 30 Aug: Even as the industry is battling with the Union health ministry for curtailing the powers of drug authorities under the amended Spurious Drugs Act that came into effect on August 10, 2009, the Uttar Pradesh government has directed the state police department to initiate criminal proceedings under Indian Penal Code against the drug companies who are found to be marketing substandard drugs. The UP chief minister's directive has alarmed the industry as it will have a serious adverse impact on the genuine drug manufacturers because as per the directive, the police have been asked to file First Information Reports (FIRs) against the drug manufacturers who are found to be manufacturing and marketing substandard drugs. According to sources, the UP chief minister has directed the commissioners, district magistrates, DIG of Police, SSP and SP of each district and Food and Drugs Authorities to lodge First Information Report with the police under section 274, 275 and 276 of the Indian Penal Code r/w section 154 of the Code of Criminal Procedure. Concerned over the development, the industry has urged the UP chief minister to review the instructions issued by the government and to modify the directives to address the concerns of the industry. In a letter to the UP chief minister, the Indian Drug Manufacturers Association (IDMA) contended that the instructions issued by the chief minister are inconsistent with the scheme of the Drugs and Cosmetics Act, 1940 and legislative intent of the Act that the cases under the Drugs and Cosmetics Act, 1940 should be investigated by the technically qualified drug inspectors duly appointed by the Central government and the state governments under section 21 of the Drugs and Cosmetics Act, 1940 and policy guidelines issued by the Drug Controller General of India. The IDMA said that while it might be necessary to involve police machinery in cases of clandestine activity of manufacturing and selling spurious and adulterated drug, it is not desirable to lodge FIR in every case in which drug manufactured and sold by the bonafide licensed manufacturer in routine course of business transaction is reported to be substandard. It has urged the chief minister to review and modify the instructions so as to avoid unnecessary harassment from police to the bonafide licensed manufacturers, distributors, wholesalers and retailers of drugs.