The division bench of the Kerala High Court, which granted one-month stay recently on the directive of the state drug controller on the drug storage specifications, has extended the stay indefinitely. Staying the drug storage order till a further hearing, the court has asked the state health department to submit a detailed report on the need of the implementing the storage condition requirement.
However, with the state drug control department unlikely to further pursue the case and implement its recent order, top-level sources in the Department said that it could be perceived that the controversy surrounding the drug storage conditions has been ended for the time being.
The division bench of the Court took up the case yesterday, and it has directed the drug controller not to implement the rules until they hear from the Court further. It also directed the state health secretary to submit its views on the new directives within three weeks. The decision follows a written affidavit from the drug control department that it was enforcing the storage conditions stipulated in the Schedule P of the Drugs and Cosmetics Act, and were not interested in enforcing further stringent regulations.
The case was filed by the All Kerala Chemists and Druggists Association (AKCDA), challenging the single bench order of the High court which directed the DC to implement stringent drug storage rules to maintain the efficacy of drugs or to cancel the licenses of erring retail outlets. The single bench had given this direction while considering a case related to storage of Oxytocin.
Following the Court order, the DC brought out a circular on strict enforcement of drug storage conditions, including mandatory 150-cubique feet wooden space for storing drugs and to keep medicines in wooden shelves instead of glass shelves.