SHYAM SHANKAR TIWARI, J. - (1.) WE have heard Dr. Ashok Kumar Nigam, Additional Solicitor General of India assisted by Shri Ajay Bhanot and Shri Rishi Kant Singh, Shri V. Tripathi, learned Additional Government Advocate for the State and Shri Suneet Kumar for the intervenor. The Deputy Drug Controller of India is present today in pursuance of our order dated 8.1.2010.
(2.) IN the affidavit filed by the Deputy Drug Controller of India on behalf of the Government of India, it is mentioned that the Government of India has now issued an amendment Act of 2008 to the Drugs and Cosmetics Act, 1940 ( herein after referred to as "the Act') and the said amendment has been notified in the gazette and the amendment made operational from 10.8.2009. By means of the said amendment, it is pointed out that for the graver offences under section 27(a) of giving adulterated or spurious drugs, which are likely to cause death or grievous hurt, the earlier prescribed imprisonment of not less than five years term, which may extend to life imprisonment and fine not less then 10,000/- has been substituted with an imprisonment of not less than ten years, which may extend to imprisonment for life and fine which is not less than ten lac rupees or three times of the drugs confiscated, whichever is more. The fine realized from the persons is to go to the patient or to his relatives in cases the patient has died due to use of the adulterated or spurious drug. The offences under the other provisions have similarly been enhanced. For the minor offences, under section 32 (b) i.e. for importing of non-prohibited drugs or non-disclosure of the names of the manufacturers or not keeping of documents or non-disclosure of information, which were not punishable by mandatory imprisonment, the said offences have been made compoundable by the Central Government or the State Government or authorised officer before or after the institution of prosecution by payment of fine to the concerned Government, which will not exceed the maximum amount of fine, which could be imposed for the offences so compounded, but a repetition of the offence has been made non-compoundable. Also the punishments and fines for dealing in adulterated Ayurvedic, Siddha or Unani drug have been enhanced. Under section 36AB (i) the Central Government or the State Government in consultation with the Chief Justice of the High Court are required to designate one or more Courts of Sessions as special courts for trying the offences under the Drugs and Cosmetics Act.
(3.) IT is pointed out that under section 26 A of the Act the Central Government also has the powers of regulating, restricting or prohibiting manufacturing of drugs in public interest if the contents are harmful and carry risk to human and animals or lack the therapeutic value claimed. The Drug Technical Advisory Board (DTAB) renders advice in this matter and so far manufacturing of 78 drug formulation have been prohibited.;