Himachal Pradesh High Court Registers Suo Motu PIL On Flourishing Spurious Drugs Trade In State; Asks Govt To Respond

The Court, while issuing notices to Government officials, said, "illegal business of spurious drugs trade was flourishing day-by-day in Baddi-Barotiwala area of District Solan, Himachal Pradesh" and that such "spurious drugs affected the health of the citizens and common man."

It has taken cognizance on the basis of various newspaper reports which reported the seizure of counterfeit drugs of various international brands from the premises of one Arya Pharma in Baddi. The Court noted that the seized drugs were being manufactured at the unit without a manufacturing license.

As per one such newspaper report, the Drug Control Administration (DCA), subsequent to a raid, discovered drugs of various leading pharmaceutical brands worth over Rs. 1 Crore, which were being manufactured illegally. A case was accordingly registered by DCA and arrests were made under Section 18(a)(i) read with Section 17 of the Drugs and Cosmetics Act, 1940.

The High Court has asked the respondents to file their affidavits detailing the steps which have been taken by them thus far. It said:

"Considering the importance of the issue involved, we direct the respondents to file reply-affidavit specifically stating what steps have so far been taken and what steps the respondents propose to take to curb the manufacturing of spurious drugs. We direct that the affidavit shall be a joint affidavit of Respondent No. 2 – Principal Secretary (Health) to the Government of Himachal Pradesh and Respondent No. 7 – State Drug Controller Baddi, District Solan."

The matter is slated to be heard on December 26.

Case Title: Court on its own motion v. State of Himachal Pradesh and Others

Citation: CWPIL No. 83 of 2022

Coram: Chief Justice A. A. Sayed and Justice Jyotsna Rewal Dua

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