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The Karnataka State Registered Pharmacists Association (KSRPA) has informed the state government about the increasing unauthorized visits, issuance of warnings, and inspections conducted by the local police and the officials from the District Administration to the retail pharmacy premises.
Ashokswamy Heroor, president, KSRPA said that even as the move is laudable, there is a judgment of Union of India vs. Ashok Kumar Sharma & Ors. dated August 28, 2020 where an order is issued that police officers have no authority to register an FIR, investigate, or arrest individuals for offences specifically covered under Chapter IV of the Drugs and Cosmetics Act, 1940.
Pharmacy is a technical profession governed by specialized statutes. Visits by police personnel or administrative officers who are not ‘Drugs Inspectors’ create unnecessary panic among small business owners and disrupt the supply of essential medicines to the public. There is a request for a direction. To this end, there is a need to issue a circular/advisory to all District Superintendents of Police (SPs) and Deputy Commissioners (DCs) clarifying that inspections of medical stores must be led exclusively by the Drugs Control Department, he added.
There is need to ensure that the police assistance is provided only when specifically requested by a Drugs Inspector for protection. The police official has no power for an independent enforcement. Every effort needs to be made to prevent issuance of ‘warnings’ by non-authorized personnel, which lack legal standing under the D&C Act, said Heroor in his note to the government.
We remain committed to adhering to all laws and ensuring the ethical sale of medicines. However, we seek protection from actions that bypass the established legal procedure under the directions of Supreme Court, he said.
Moving on to the issue of the fake medical practitioners menace, Heroor said that it is extremely important for the State Health Department officers to accompany the drug department enforcement officers to take the action on fake doctors. This is because the Drugs Control team has the enforcement powers. Also, the police officer to be escorting the drugs control enforcement team should not be not below the DSP (Deputy Superintendent of Police) rank. Otherwise, the case will not stand in the court of law. If allopathic drugs are found there, a case will be registered directly in the court under Section 18(c) of the Drugs and Cosmetics Act, said Heroor.
Further, the government should take immediate action on the practice of fake doctors who include Ayush doctors too. With a time-bound intervention general public could be prevented from harmful effects of the practices of quacks, he noted.
The Taluk Health Officer or District Health Officer is not able to take action against fake doctors because there is considerable interference from highly influential people, he said.
The Health Department officers should go along with the Drug Control Department officers to take the action on fake doctors. This is because the Drug Control Department officers have enforcement powers. Also, a police officer not below the DSP rank should accompany them. Otherwise, the case will not stand in the court of law. If allopathic drugs are found in the premises of Ayush doctors, then a case must be registered in the court under Section 18(c) of the Drugs and Cosmetics Act, said Heroor.
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