Maharashtra Food and Drug Administration (FDA) prosecuted three doctors for selling medicines without a retail license in violation of Section 18 (C) of the Drugs and Cosmetics Act, 1940. Cases have also been detected in which banned medicines were administered by unauthorised people for enhancing physical agility and body building in contravention to the drug law.

The FDA action bears relevance as there is no anti-quackery law in India. Police has to take action in such cases. A Gadchiroli based bogus doctor was convicted two years ago for violating Section 33 of the Maharashtra Medical Practitioners Act, 1961.

The quack was sentenced to two years imprisonment with a fine of Rs.5,000 in contravention to the provisions of the law. Section 33 of Maharashtra Medical Practitioners Act prohibits medical practice by unregistered people.

Maharashtra State Pharmacy Council (MSPC) had found 1400 such cases of bogus doctors in pharmacy inspections related to Section 42. The incident of Gadchiroli has highlighted the plight of patients who are vulnerable to quacks in the absence of an effective monitoring and regulatory system in place.

Besides this, the lack of interest among many doctors to serve in remote areas is also giving rise to the growing number of quacks. Unregistered and unqualified people therefore get a free hand in putting at risk lives of many patients.

Any person, who acts in contravention of any of the provisions of Section 33 will have a rigorous imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees; and for a second or subsequent offence, with rigorous imprisonment for a term which may extend to ten years and with the fine which may extend to twenty-five thousand rupees. Provided that, when the contravention is continued after the order of conviction, a further fine which may extend to five hundred rupees, for each day of continuation of such contravention, may be imposed.

Food and Drug Administration (FDA) can take action against bogus doctors in violation of Section 18 (C) of Drugs and Cosmetics Act and Schedule K of rules.