Protect the Rights of Citizens, HC Tells Drug Inspectors
The Kerala High Court on Wednesday held that the state government and the drug inspectors were bound to ensure that the right of citizens are protected by taking action under the provisions of the Drugs and Cosmetics Act and other rules.
A Division Bench comprising Justice Thottathil B Radhakrishnan and Justice P Ubaid made the observation while dismissing a petition filed by the pharmaceutical companies for manufacturing and selling food supplements without obtaining drug manufacturing licences. The petitioners submitted that their food articles come under essential foods but not under the category of drugs as defined in the Act.
They have obtained licence from the statutory licensing authorities of different states. They also challenged the order of the drug inspector prohibiting the sale of the material. Noble Mathew, Senior Government Pleader, submitted that the drug authorities have not permitted the production and sale of food supplements in the state.
The court said that the government analyst was the authority to certify a drug. The analyst has been empowered to decide whether a particular material was a drug or not in terms of the Drugs and Cosmetics Act.