Following complaints from several wholesalers that they are being denied by some companies and their C&F agents in the supply of medicines including essential drugs, the Kerala drugs control administration has decided to take stringent actions against such companies and their agents for violations of various rules, it is learnt.
The actions, which will be in the form of prosecutions, may be initiated as per Essential Commodities Act 1955 and para 18 (a) of the Drugs Prices Control Order 1995, according to senior officers in the drugs control department.
They 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.
Speaking to Pharmabiz, the drugs control in-charge, M Geetha, said her office is getting plenty of complaints in this regard from wholesalers across the state, and which are being forwarded to the concerned regional ADCs for immediate action. She said if anybody has complaint, the department will try to clear it out by hearing both the parties.
According to the drugs controller, most of the complaints are getting from the existing wholesalers. When enquired by the department, she said, the companies have informed the department that they have tied up with other agencies to market their products leaving the existing wholesalers raising some irrational reasons.
When contacted, some senior law enforcing officers in the department said a group of traders in the state is making all attempts to monopolize the drug trade which they will not allow as the situation will lead to shortage of medicines in some areas. Besides it is the duty of the government to protect the healthcare of the people.
The deputy drugs controller at Thiruvananthapuram, PS Satheesh Kumar said faction feud in the traders association is the main cause for all the unethical trade business emerging in the state.
Revi S Menon, ADC of Ernakulam zone said he is receiving so many complaints every day in respect of refusal of supply of drugs without any sufficient reasons and his inspectors are enquiring the cases. He said he will not allow any violation and stringent actions will be initiated against such complaints.
Prakash Babu, the ADC of Thrissur who has kick-started prosecution actions against refusal of supply following a high court order and filed cases against Abbott India and its C&F agent in Thrissur last week, said some traders are politically motivated and trying to monopolize the drug market. He has initiated one more case against a Chennai-based company for the same reason.