Karnataka drugs control department has asked the state government to frame the rules for compounding the offences and for establishment of special courts for trial of offences related to adulterated and spurious drugs as provided in the Drugs & Cosmetics (Amendment) Act 2008.
The state drugs control department's communication to the state government in this regard follows the union government’s amendment in the Drugs & Cosmetics (Amendment) Act 2008. In fact, the stage drugs department has already had its initial meeting with the Director of Prosecutions. Now the state government has to take a call on this, Dr BR Jagashetty, Karnataka Drugs Controller told Pharmabiz.
There are two issues to be addressed. The first is provided under section 32B based on the Code of Criminal Procedure in the Drugs & Cosmetics (Amendment) Act 2008 on compounding of offences which calls for imprisonment with fine. Under section 36 AB which calls for setting up a special court to undertake the trial of the offence, the central or state government in consolation with the chief justice of the High Court will carry out the examination of the offences related to spurious and adulterated drugs. The clause AB designates one or more courts of session as a special court. Here the High Court of a state in which a court of session will be designated as a special court to try the offences.
Early this month, the Union government had announced its intention to set up special courts in Mumbai, Ahmedabad, Chandigarh, Chennai, Hyderabad and Bangalore.
These special courts will try the offences coming under manufacture and sale of spurious drugs. The penalty levied is Rs 10 lakh or three times the value of the spurious drugs seized, according to the officials in the Union government. “We are also in the process of sending to the state government on similar lines to have more stringent action against violators as per the Union government order. This is an effort to provide good quality drugs to the public,” stated Karnataka drugs controller.
Meanwhile, the drug control department’s enforcement team has seized Rs 2 lakh worth of catheters from a wholesaler in Bangalore. Since we are on the constant vigil, a special court in the state will be indispensable for the expeditious disposal of the cases, added Dr Jagashetty.