The Bombay High Court (HC) has ordered Shasakiya Nimshasakiya Aushadh Nirmata Mishrak Sanghtana, an association of government pharmacists in Maharashtra to discontinue handling medicines by working as pharmacists or compounders since they are not qualified pharmacists under Section 42 of the Pharmacy Act.

Maharashtra State Pharmacy Council and the State Government were respondents in the case filed in the year 2005. As per petitioners, Shasakiya Nimshasakiya Aushadh Nirmata Mishrak Sanghtana, the members of the petitioner association are qualified pharmacists, even though they are unregistered pharmacists not qualified to be appointed as per Section 42 of the Pharmacy Act. Since they are discharging duties as compounders and handling medicines for more than 20 years, they should be treated as qualified pharmacists.

However, in the affidavit filed on behalf of the respondent, it is pointed out that in the aforesaid subject matter, knowledge of the identification, preservation, combination, analysis and standardization of drugs and medicines besides synthesis of new drug molecules, manufacturing of various dosage forms (liquid orals, powders, tablets, capsules, ointments, injections, ophthalmic products etc.) quality control clinical trials, bio-availability, research, side-effects, compatibility, incompatibility, indications, contra-indications, pharmacokinetics, pharmacodynamics, toxicology etc are required. The ultimate aim is to ensure optimum drug therapy by providing information and advice to patients, where a minor lapse on the part of the pharmacist in handling drugs may cost many lives.  

Around 700 notices have been served to the doctors of government hospitals and private clinics by MSPC for compliance. According to official records, most of the doctors have now been able to follow compliance based on MSPC action. Says an MSPC official, "Through a landmark judgment, HC has been able to set a precedent for other doctors in the state run hospital and private clinics to disallow and curb the practice of dispensing medicines through unregistered people."

As per Section 42 of the Pharmacy Act, 1948 no person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prescription of a medical practitioner.

Provided that this sub-section shall not apply to the dispensing by a medical practitioner of medicine for his own patients, or with the general or special sanction of the State Government, for the patients of another medical practitioner.

Violation of the provisions of the section shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees or with both.