The Drugs and Cosmetics (Amendment) Bill 2003 to be reintroduced by the present government will not have the provision for "death penalty" for manufacturers of spurious drugs. The Union Cabinet decision is in tune with the apprehension expressed by larger section of the drug trade and SSIs, on the possibilities of misuse of the provision.
The Bill would however contain all other changes proposed by the previous government when it was introduced in the Parliament earlier. The penalty for spurious drug manufacture would now be enhanced to life imprisonment or a minimum of 10-year prison term. The government also cleared the proposal, for increasing the fine for spurious drug related offences to Rs 1 lakh or three times the value of the confiscated drugs, whichever is more.
At present, the penalty is "imprisonment for not less than five years, which may be extended to life imprisonment and with fine of not less than Rs 10,000 for the manufacture and sale of adulterated or spurious drugs or sub-standard drugs that are likely to cause death of the patients or harm on the patients body as would amount to a grievous hurt."
The offences under the Act, which are currently bailable and non- cognizable, would now be made non-bailable and cognizable. The Bill also proposes to designate one or more Court of Session as a Special Court for trial of offences related to adulterated or spurious drugs.
The previous government had favoured "death penalty" for spurious drug makers after the recommendations of an expert committee under the chairmanship of Dr R A Mashelkar, Director-General, Central Council of Scientific and Industrial Research (CSIR).
The other major amendment proposed under the bill is to confer powers upon police officers not below the rank of Sub-Inspector or other designated officer to institute prosecutions under the Act and to incorporate provision for compounding of offences for minor offences under the Act.
The associations representing SSI drug sector in the country had appealed against the introduction of "death penalty" clause as they feared that it could be misused against them. The All India Organisation of Chemists and Druggists had also come out against the Centre's move to introduce death penalty to spurious drug manufacturers in the current regulatory environment. AIOCD wanted a proper drug regulatory infrastructure in the first place, than a draconian law to solve the problem of spurious drugs.