The Assistant Drugs Control office at Thrissur in Kerala has initiated one more persecution case for refusal of supply of drugs to wholesalers, against a Chennai based pharmaceutical company and its C&F agent at Palakkad.
The law enforcing officers of the office have conducted a raid in the C&F agent’s office at Palakkad and seized some drugs for evidence and found that there were no sufficient reasons for the refusal, according to sources from the department.
This is the second such case the regulatory body in Thrissur region is initiating against violation of rules of Drugs Prices Control Order and Essential Commodities Act within one month time.
Last week, the ADC office had taken legal action against Mumbai-based pharmaceutical company, Abbot India Ltd and its C&F agent in Thrissur for the same reason.
The company that has been trapped now by the ADC office is Q-Check Specialty Care Pvt Ltd, Chennai, sources from the department told Pharmabiz. Case has also been taken against its C&F agent, Dorai Agencies, Palakkad.
Prakash Babu, the ADC of Thrissur said the agent of the company has refused the sale of drugs to its stockist in Palakkad. The ADC, on receipt of the complaint, conducted personal hearing of the parties and in the end resorted to take legal action against Dorai Agencies as per the Essential Commodities Act 1955 and Drugs Prices Control Order 1995.
The drug inspector of the intelligence branch, senior drugs inspector, chief inspector of drugs of the intelligence squad and drugs inspector of Palakkad have jointly conducted the seizure and search last week.
The ADC said that similar raids and seizures would continue to nab the ill practice for monopolizing the drugs trade by a certain group of traders. He said refusal of sale of drugs is a gross violation of Essential Commodities Act 1955 and Drugs Prices Control Order 1995.
He said the punishment for such violation under DPCO 1995 will be as per the Section 7(1)[a] (11) of the Essential Commodities Act 1955 which states that if any person contravenes any order made under section 3, shall be punishable, and in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine.
The section 18 of the DPCO clearly says that no manufacturer, distributor or dealer shall withhold from sale or refuse to sell to a dealer any drug without good and sufficient reasons.