Karnataka Indian System of Medicine Association (KIMMA) has filed a petition before the Principal Secretary, Department of Health & Family Welfare, Government of Karnataka to cancel the Order No: HFW:503:PIM:2005(III) dated October 19,2006 and to issue a fresh order if required in compliance with Drugs & Cosmetics Act 1940 and Rules.

Referring to Order No: HFW:503:PIM:2005(III) dated October 19, 2006 which was issued by the state government, exercising the powers conferred under Rule 166 of the Drugs & Cosmetics Rule 1945, authorizing District Ayush Officers to collect samples from the manufacturing units and to submit those samples to Drug Testing Laboratory, petitioner J S D Pani, secretary KIMMA said that it did not empower the officers for the same.

Quoting the contents of Rule 166 which cited Duties of the Government Analyst, the petitioner said that while he fully endorsed the Rule 166 as perfect and proper and that it specified only the duties of the Government Analyst and did not confer any powers to the State government or Central government to authorize any person or authority to collect samples from the manufacturing units for the purpose of test or analysis by the Government Analyst. "Rule 166 further implied that the Government Analyst shall analyse or test the samples of drugs sent to him by Inspectors or any other persons or authority authorized by the Central Government or a State Government under the provisions of Chapter IV A of the Act."

Petitioner submitted that the inspector appointed under the provisions of Chapter IV A of the Drugs & Cosmetics Act by the State government or Central government is authorized to collect samples of the Drugs and send them for test or analysis in accordance with sub-rule III of Rule 162. "But there is no provision available either under Chapter IV A of the Act or Rules made there-under conferring the powers to State government or to Central government to authorize any other person or authority other than the Inspector to collect the drug samples and to send them for test or analysis to the Drug Testing Laboratory," stated the petition.

"In this regard, the petitioner requested the State Directorate of Health and Family Welfare to cancel the impugned order No: HFW:503:PIM:2005(III) which was issued against the provisions of the Drugs & Cosmetics Act 1940 and Rules made there under in the interest of law and justice.

The Government, if required and found it necessary, could issue a fresh order exercising powers if any, conferred on the State Government under the Provisions of the Chapter IV A of the Drugs & cosmetics Act 1940 and Rules made there under, authorizing any person or authority to collect drug samples and to send them for Test or analyse to the Drug Testing laboratory, stated the petition.