In a writ petition filed by the Punjab Chemists Federation (PCF), an affiliate of All India Chemists and Druggists Federation (AICDF), the Punjab and Haryana High Court has directed the Government of Punjab to ensure proper supply of drugs is maintained by the manufacturing companies to the demands of all the chemists and druggists in the state without  heeding to the threat of any trade body.

Further, the court has restrained the state branches of AIOCD, Punjab Chemists Association (PCA) and Amritsar Chemists Association (ACA), from obstructing supplies of drugs from 39 manufacturing companies to the members of the petitioner. The trade bodies were also restrained from charging amount for issuance of NOC’s for pharmaceutical products which is not covered under any rules.

In the petition, the PCF has alleged that the 4th and 5th respondents, PCA and ACA, have given instructions to the manufacturing companies not to supply any drug to the members of the Chemist Federation. The petitioner has included the manufacturing companies as respondents from 6th to 45th in the affidavit. The petition says that the drug firms have ceased their supply at the behest of the 4th and 5th respondents without any good and sufficient reasons, and in violation of Clause 18 of the DPCO 1995.

The court observed that further any problem or obstruction from the side of PCA or ACA, the petitioner Federation can file suit against them for contempt of court and of breach of the undertaking given by them before the court.
The Principal Secretary, department of Health and Family Welfare, Director of HFW & State Drug Licensing Authority and the State Drugs Controller were made respondents 1,2 and 3 respectively. The writ petition was filed seeking a direction to take remedial action against the 39 manufacturing companies who were alleged to have discontinued supply of drugs to the members of the Federation at the behest of respondents 4 and 5.

The advocate who appeared in the court on behalf of the 4th and 5th respondents stated before the court that they had not given instructions to any drug manufacturing company to stop supply to the members of the petitioner and agreed that they would not cause any obstruction for supplies in future. He further informed the court that supplies were being made to the petitioner and they did not make any hindrance for the same. The counsel’s statement in the court covers protection from the 4th and 5th respondents towards the petitioner for procuring supplies.

Yogesh Mahajan, the north zone secretary of AICDF, said the supply of drugs to their members was discontinued for the last 20 months and expressed hope that in the light of this court verdict the manufacturers would restore supply to them.

Cadila Healthcare Ltd, Ahmedabad, Cadila Pharmaceuticals Ltd, Ahmedabad, Sun Pharmaceuticals, Mumbai, Allergen India Pvt Ltd, Bangalore, Aventis Pharma Ltd, Mumbai, Ranbaxy Ltd, Mumbai, Blue Cross ABS Ltd, Nasik, Day’s Medical Store, Kolkata, Dr Reddy’s Lab, Bangalore, Solvay Pharma India Ltd, Mumbai, Panacea Biotech, New Delhi, AstraZeneca Pharma, Bangalore, Micro Labs, Bangalore, Novartis India Ltd, Mumbai, Torrent Pharmaceuticals, Ahmedabad, Wyeth Ltd, Mumbai, Merck Ltd, Mumbai, USV Ltd, Mumbai etc are some of the companies whose names have appeared in the list of respondents in the petition.