Himachal Pradesh High Court Orders Review Of Punishments For Errant Substandard Drug Manufacturers To Enhance Deterrent Effect

This directive comes amid a Public Interest Litigation (PIL) filed by the Court itself (suo motu) regarding the rampant production of substandard drugs in Himachal Pradesh.

“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”. A bench of Chief Justice MS Ramachandra Rao & Justice Jyotsna Rewal Dua observed.

Highlighting its concern over the continued production and sale of substandard drugs despite actions taken by state authorities which ranged from suspending product permissions to prosecuting offenders the bench recorded,

“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”.

The bench also highlighted alarming instances of deaths in African countries caused by the consumption of substandard drugs manufactured in Himachal Pradesh. Acknowledging the urgent need for stricter deterrents, the court underscored the importance of reviewing and potentially strengthening the punishments for errant drug manufacturers.

Shedding light on the non-functional state of two government-funded drug testing laboratories in Baddi Himachal Pradesh, the bench pointed out that despite significant investments from both the central and state governments, these laboratories remain inoperable.

“To make the said two State Drugs Laboratories at Baddi functional, it is desirable that respondents no. 3 & 4 deal with bottlenecks which have come in the way of the said Laboratories becoming functional. Otherwise, it would be a waste of tax payers' money which had already been spent for establishing these Laboratories', the bench remarked.

To address this critical issue, the court directed the Central and State governments (respondents 3 & 4) to file a status report outlining the steps they will take to make these laboratories operational.

Additionally, the court instructed them to consider a mechanism for reviewing penalties imposed on drug manufacturers to ensure the effective implementation of the Drugs and Cosmetics Act, 1945, by pharmaceutical companies in Himachal Pradesh.

The next hearing for this case is scheduled for August 28th, 2024.

Case Title: Court on its own motion Vs. State of H.P. & others a/w connected matters.

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