High Court recommends proper training for drug control department officials

Justice Rajnesh Oswal handles cases in grievance process “The state through drug inspectors with Ms. Sunita Dhawan and Ors.Kargil was challenged under the Drugs and Cosmetics Act, 1940 and a procedural order issued by the Chief Judicial Magistrate on the ground that the company “M/s Stride Health Care Pvt.” was not registered by the concerned Drugs Inspectorate. Ltd. as defendants in the complaint.

While quashing the complaint proceedings instituted by the Drugs Ombudsman against the petitioner, the court noted that most prosecutions initiated under the Drugs and Cosmetics Act in the Union Territories of J&K and Ladakh failed on threshold only because of non-compliance. – Comply with the procedures set out in the Act.

This Court has received many complaints where companies were not named as defendants as in this case, or directors were named as defendants but no reference was made in the complaint to their/their role in the offence.

In his order, Justice Oswal observed that the deficiencies pointed out by this court could be addressed by providing appropriate training to the officials concerned on the technical requirements of the law.

The court hoped that the Commissioner/Secretary, Health and Medical Education Department, Federal Territory of Leh, should review and investigate the issues raised by the court and take corrective measures to ensure that complaints filed under the Drugs and Cosmetics Act are not affected. It was withdrawn at the initial stage only due to technical flaws.