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DCGI directs state DCs to take action against online pharmacies based on Delhi HC order

Yash Ved, Mumbai
Wednesday, December 4, 2019, 08:00 Hrs  [IST]

The Drugs Controller General of India (DCGI) Dr V G Somani has directed state drug controllers (DCs) to take stringent action against online pharmacies based on the Delhi High Court (HC) verdict.

The DCGI has given the directive based on the Delhi HC order dated December 12, 2018 in a petition filed by Dr Zaheer Ahmed  against Union of India on online sales of prescription drugs in violation of Drugs and Cosmetics (D&C) Act.

The order further stated that Union of India has been granted four weeks time to file the counter affidavit.

"Arvind Nigam, learned senior counsel appearing for the petitioner Dr Zaheer Ahmed submits that online sale of drugs is prohibited in law. There is no control and the sale is being done in total violation of the statutory provisions, namely, the Drugs and Cosmetics Act, 1940. That apart, Arvind Nigam invites attention to the draft rules prepared and circulated wherein online dispensation of drugs is prohibited,” the court observed.

The court further stated, “Arvind Nigam also invites attention of the Union of India to an interim order passed by the Madras High Court (HC) on October 31, 2018 wherein taking note of all these factors and the seriousness of the issue and the public cause involved , interim injunction has been granted with regard to online sale of medicines and the competent authority has been directed to stall such online sales forthwith. We see no reasons as why similar directions be not issued in the present case.”

The respondents are injuncted from online sales of medicines without licence and the respondents are directed to ensure that the same is prohibited forthwith until further orders, the court in its order stated.


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