Medicines should not be sold without prescriptions: DB

JAMMU: A Division Bench (DB) of State High Court comprising First Puisne Judge Justice Alok Aradhe and Justice Sanjay Kumar Gupta on Thursday ordered that pharmaceutical drugs should not be misused and sold without proper prescriptions.

This significant court direction came in a Public Interest Litigation (PIL) filed by Atharv Mahajan, a student of law seeking initiation of a special drive by J&K Police in the entire State for checking the growing menace of drugs amongst youths and regarding low conviction in cases filed under NDPS Act.

The DB observed that Senior Advocate Sunil Sethi and Advocate Deepika Mahajan appearing for the PIL submitted that the respondents are not taking any steps to prevent the menace of pharmaceutical drugs and the Drug Controller is under obligation to ensure that the pharmaceutical drugs, which are capable of being used as narcotic drugs, are not supplied to the medical stores and in this regard some mechanism should be devised. It was further submitted that the Narcotics Control Bureau should also suggest some measures to the Drug Controller to prevent misuse of the drugs as narcotics and psychotropic substances.

DB after hearing both the sides directed Drug Controller to place on record an action plan to ensure the monitoring of the sale and supply of the pharmaceutical drugs to various medicine outlets in the State.
DB also directed NCB Jammu to suggest some measures to the Drug Controller to prevent misuse of the drugs as narcotics and psychotropic substances. The status report in this regard shall be filed by the NCB, Jammu, by the next date of hearing, the DB said.

DB also directed Drug Inspector to ensure that the pharmaceutical drugs shall not be misused and sold without proper prescription. Any violation in this regard shall be viewed seriously, the DB observed.

DB after perusal of the status report filed on behalf of the respondents found that status report is vague in so far it pertains to the treatment offered to the drug addicts. Upon this, DB directed official respondents shall furnish particulars of the persons to whom the treatment has been given under Sanjeevani Programme.

DB also directed Additional Advocate General to file status report with regard to the action taken by the Drug Inspector for seizure of the pharmaceutical drugs which are used as narcotics and psychotropic substances with respect to Jammu, Samba and Kathua, by the next date of hearing.

 

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