Satya Brata Sinha, J. - (1.) The petitioner in this application has, inter alia, prayed for the following reliefs:- a) Writ and order and/or direction in the nature of Mandamus directed the State to replace the Director of Directorate of Cinchona and other Medicinal Plants to ensure (quality control of Quinie Sulphate Tablets and ensure manufacture of Quinine Sulphate Tablets of genuine and required strength; b) Writ and/or order and/or direction in the nature of Mandamus directing the State to set up a Non-Official Board of Physicians concerned and interested in diagnosis and treatment of Malaria to check on and/or to act as are effective advisory body to control supervise manufacture of effective quinine sulphate tablets,
(2.) The fact of the matter lies in a very narrow compass. The petitioner is a qualified medical practitioner. He purchased 1,000 number of Quinine Sulphate Tablets from the Manager, Govt. Quinine Sales Department for a sum of Rs. 930.20 p on 19-7-92. The petitioner allegedly distributed the said tablets free of cost to his patients. He, however, to his dismay found that the said tablets have no effect on his-patients who were suffering from Malaria. The petitioner got the same tested and analysed by the respondent No. 4 and an unofficial-report was given to him showing that the tablets contained 42.10% of the stated drug. Further contention of the petitioner is that the said drugs were manufactured in the year 1986. Despite the fact that the said drug was manufactured in the year 1986 but the expiry period thereof, which is 5 years from the date of manufacture, was not mentioned on the strips. The petitioner contacted the Health Secretary who issued a direction to stop selling of the said drugs from the market on 22nd April, 1994.
(3.) It was also stated that the said drugs were sold at a higher price.;