KOCHI: The government has the right to prosecute manufacturers and dealers of dietary supplements if they violate provisions of Drugs and Cosmetics Act, and no other option is available as per law to prove innocence other than facing prosecution, the Kerala high court held.
A division bench comprising Justices Thottathil B Radhakrishnan and P Ubaid gave the ruling after considering a batch of petitions questioning prosecutions initiated by drugs inspectors alleging violation of provisions of Drugs and Cosmetics Act of 1940 (DC Act).
The petitions filed by manufacturers, distributors, and dealers of dietary supplements said their articles are essentially food items and not drugs as defined in the Act. Some of them also argued that they are operating after obtaining statutory licences of different states under the provisions of Prevention of Food Adulteration Act of 1954 and the Food Safety and Standards Act of 2006.
Petitions were filed in the high court after drugs inspectors issued orders prohibiting sale of dietary supplements. Some of the manufacturers and dealers also alleged that drugs inspectors were issuing them oral instructions and directions not to sell dietary supplements.
After considering the petitions, the bench led by Justice Radhakrishnan held, "We do not see any other provisions in the DC Act which enable any other mode to provide a different platform for the manufacturer, distributor, dealer, supplier, etc. to demonstrate his innocence or to have a consideration as to whether a substance that is being sold by him is drug as per the DC Act and the rules and notifications thereunder, or not."
The court further held that the government and the drugs inspectors are duty-bound to ensure that the rights of citizens are appropriately protected by taking due action in strict conformity with the provisions of the Act, its rules, and notifications. They would have no choice but to go for prosecution if a case is made out regarding commission of offence in terms of the Act, rules, or notifications, the court said.
A division bench comprising of justices Thottathil B Radhakrishnan and P Ubaid gave the ruling after considering a batch of petitions questioning prosecutions initiated by drugs inspectors alleging violation of provisions of Drugs and Cosmetics Act of 1940 (DC Act).
The petitions filed by manufacturers, distributors, and dealers of dietary supplements said their articles are essential food and not drugs as defined in the Act. Some of them also argued that they are operating after obtaining statutory licences of different states under the provisions of Prevention of Food Adulteration Act of 1954 and the Food Safety and Standards Act of 2006.
Petitions were filed to the high court after drugs inspectors issued orders prohibiting sale of dietary supplements. Some of the manufacturers and dealers also alleged that drugs inspectors are issuing oral instructions and directions to them not to sell dietary supplements.
After considering the petitions, the bench led by justice Radhakrishnan held, "We do not see any other provisions in the DC Act which enables any other mode to provide a different platform for the manufacturer, distributor, dealer, supplier, etc to demonstrate his innocence or to have a consideration as to whether a substance that is being sold by him is drug as per the DC Act and the rules and notifications thereunder, or not."
The court held further that the government and the drugs inspectors are duty bound to ensure that the rights of citizens are appropriately protected by taking due action in strict conformity with the provisions of the Act, its rules, and notifications. They would have no choice but to go for prosecution if a case is made out regarding commission of offence in terms of the Act, rules, or notifications, the court said.
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