The Drug Controller General of India (DCGI) has decided to invoke section 33 (p) of the Drugs & Cosmetics Act, 1940 under which the DCGI directive to the state drug authorities will become binding. The decision to invoke section 33 (p) was taken in the wake of the three stay orders of the Madras High Court on the DCGI order asking the state drug controllers to act against the FDC drugs.
The section 33 (P) reads, "Power to give directions:- The central government may give such directions to any state government as may appear to the central government to be necessary for carrying into execution in the state any of the provisions of this Act or of any rule or order made there under".
"Yes I have decided to invoke section 33 (p) of the Drugs and Cosmetics Act under which the state drug authorities have to act as per my directive as it is binding on them," said DCGI Dr M Venkateshwarlu. "In fact, I will explore all possibilities like filing a counter-affidavit in Madras High Court and moving Supreme Court,' he added.
The DCGI's latest salvo will have serious implications as the state authorities will be forced to act against the pharma companies in states where the high court order is not valid. Though CIPI has also received a stay order for its members in different states, the state authorities will be forced to carry out the DCGI order on the pharma companies who are not members of the CIPI.