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Maha FDA prosecutes 3 doctors for selling drugs with no licenses in violation of D&C Act
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Shardul Nautiyal, Mumbai
July 27 , 2016
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Maharashtra Food and Drug Administration (FDA) prosecuted three doctors
for selling medicines without a retail license in violation of Section
18 (C) of the Drugs and Cosmetics Act, 1940. Cases have also been
detected in which banned medicines were administered by unauthorised
people for enhancing physical agility and body building in contravention
to the drug law.
The FDA action bears relevance as there is no
anti-quackery law in India. Police has to take action in such cases. A
Gadchiroli based bogus doctor was convicted two years ago for violating
Section 33 of the Maharashtra Medical Practitioners Act, 1961.
The quack was sentenced to two years imprisonment with a fine of Rs.5,000
in contravention to the provisions of the law. Section 33 of
Maharashtra Medical Practitioners Act prohibits medical practice by
unregistered people.
Maharashtra State Pharmacy Council (MSPC)
had found 1400 such cases of bogus doctors in pharmacy inspections
related to Section 42. The incident of Gadchiroli has highlighted the
plight of patients who are vulnerable to quacks in the absence of an
effective monitoring and regulatory system in place.
Besides
this, the lack of interest among many doctors to serve in remote areas
is also giving rise to the growing number of quacks. Unregistered and
unqualified people therefore get a free hand in putting at risk lives of
many patients.
Any person, who acts in contravention of any of
the provisions of Section 33 will have a rigorous imprisonment for a
term which shall not be less than two years but which may extend to five
years and with fine which shall not be less than two thousand rupees
but which may extend to ten thousand rupees; and for a second or
subsequent offence, with rigorous imprisonment for a term which may
extend to ten years and with the fine which may extend to twenty-five
thousand rupees. Provided that, when the contravention is continued
after the order of conviction, a further fine which may extend to five
hundred rupees, for each day of continuation of such contravention, may
be imposed.
Food and Drug Administration (FDA) can take action
against bogus doctors in violation of Section 18 (C) of Drugs and
Cosmetics Act and Schedule K of rules.
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