The conviction rate of the erring medicos for violation of Pharmacy Act in Maharashtra has been very low as only one offending doctor has been convicted by the court during the last more than 10 years for violation of Pharmacy Act, thanks to the slow judicial process and the lack of Pharmacy Inspectors in the state.
According to Maharashtra State Pharmacy Council (MSPC) officials, there are only two Pharmacy Inspectors in the state and 10 cases have been identified by them in the state so far. Out of the 10 cases, six cases are still sub judice and three doctors have pleaded guilty. Only in one case, the offending doctor has been convicted by the court for violation of Pharmacy Act, 1948.
MSPC officials said that the offending doctor in the case has been convicted of being an abettor which implies hiring unqualified person as a pharmacist in his clinic. The offending Osmanabad based medical practitioner was let scot-free by the Judicial Magistrate First Class (JMFC), Osmanabad in the first place. The doctor was later on convicted by the Aurangabad bench of High Court based based on a fresh appeal filed by MSPC against the JMFC verdict as per the provisions of the Pharmacy Act, 1948.
The 35-year old Shaikh Sikandar Mustafa was convicted for dispensing of medicines as an unregistered person under the Act along with 66-year old Medical Practitioner and owner of Dr SS Akhlaq Hospital, Osmanabad. All have been directed to deposit fine amount of Rs. 1000 each within 15 days, in default, simple imprisonment for eight days.
Talking about the conviction rate in Maharashtra, an official on conditions of anonymity said that this can be attributed to the fact that country's judicial process is slow and trials take a long time. He pointed out that one case can also be considered a breakthrough in terms of implementing the law of the land.