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
· 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
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