Prohibition on Manufacturing of Drugs


For carrying the legal business, drugs shall be manufactured, sold or distributed by obtaining the drug license issued by State Drugs Standard Control Organization.
Drug license is a permission granted by the authority under the Drugs and Cosmetic act to carry out a business of drugs/medicines or cosmetics
MANUFACTURE OF PROHIBITED DRUGS
Before discussing the impact of manufacturing of prohibited drugs,we should know what are the prohibited drugs?
Drugs and Cosmetics Act, 1940 has provided some list of drugs that are considered as Prohibited.
1.     MISBRANDED DRUGS
·       Drugs which are colored, coated, powdered or polished or if they are likely to appear of better quality than really they are
·       If the drugs has not been labeled as prescribed by the government or they are labeled In such a manner which is misleading the consumer thereby making a false claim
2.     ADULTERATED DRUGS
·       Drugs have been stored in insanitary conditions thereby making them injurious to consumption
·       If the container is composed of poisonous substance thereby making them injurious to health
·       If any substance is mixed with the drugs thereby reducing its quality
3.     SPURIOUS DRUGS
·          Drugs is manufactured under a name which belongs to another drug;
·          if the label of drugs bears the name of an individual or company displaying them as the  manufacturer of the drug , which is fictitious or does not exist
After knowing the ’Prohibited drugs’ no person is allowed to deal in the following manner with respect to the Prohibited drugs.
1.     Manufacture for sale, distribution of the:
·       Mis-branded drugs
·       Drugs of substandard quality
·       Adulterated drugs
·       Spurious drugs
·       Drugs whose sale, manufacturing, distribution are prohibited in original country
2.     Manufacture the drug which has been imported in contravention of the requirement of the Act
PENALTY OF DEALING IN THE PROHIBITED DRUG
If any person himself or on anyone’s behalf manufactures for sale or distribution –
       I.          any drug which is likely to cause his death or cause such harm to the human body within the meaning of section 320 of the Indian Penal Code on account of being adulterated, spurious shall be liable for :
·       Imprisonment of min 5 years to lifetime imprisonment and
·       Fine of min Rs. 10,000
     II.          any drug which is adulterated or without the drug license shall  be liable for:
·       Imprisonment of min 1 year to max 3 years and
·       Fine of min Rs. 5000
Except in the case where court can impose imprisonment of less than 1 year and fine of less than 5000
   III.          any drug which is spurious shall  be liable for :
·       Imprisonment of min 3 years to max 5 years and
·       Fine of min Rs. 5000
Except in the case where court can impose imprisonment of less than 3 year but cannot pass judgment for imprisonment of less than 1 year
  IV.          Any drug in contravention of the provisions of the Act other than above, shall  be liable for:
·       Imprisonment of min 1 years to max 2 years and
·       Fine
Except in the case where court can impose imprisonment of less than 1 year

1 comment: