The Himachal Pradesh High Court took suo-moto cognizance & in connected matters directed the state government to explain why drug testing and certifying labs could not be set up to overcome the menace of adulterer, substandard misbranded drugs in the state.
A division bench of Chief Justice M.S. Ramachandra Rao and Ajay Mohan Goel passed an order on the three PILs and suo moto petition seeking a reply from the government on the issue.
The Respondents were directed to submit the reply whether the manufacturing units mentioned in the Annexure are alleged to have produced sub-standard/adulterated/misbranded medicines, or had approached any of the private testing laboratories located in the state to pass drug samples.
The order said that if any firm approached a private lab it was not a violation of Rule 150(E) of the Drugs Rules.
The court asked the respondents what action was taken against the approved private laboratories by respondents for breaching the rules.
Respondents should also state as to whether the Drugs & Cosmetic Rules, 1945, which were amended on 18.01.2022 w.e.f. 01.01.2023 as stated in the reply of respondents
no.1(DSGI) and State government are being implemented in the State of Himachal
Pradesh or not.
Respondent should also file a status report as to the establishment of State Drugs Laboratories, for which proposals have been made in the years 2013 and 2015 and money
was also released by the Central Government to the State Government.
They shall also explain why the State Government intends to engage staff on an “outsource” basis in such laboratories as could be seen from the Annexure concerning the upcoming drugs testing laboratories at Baddi instead of engaging personnel on a regular basis on whom accountability can be fixed in the event some wrong reports are furnished.
The court listed the matter for hearing on November 16, 2023.
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