Several leading pharmaceutical companies face legal action after raids this week showed drugs manufactured by them continue to be available despite their having been banned by the government. Thirteen teams of officials raided some 135 pharmacists in Delhi and Rajasthan on Wednesday, and found 83 of them selling banned drugs.
Drug Controller General of India (DCGI) Dr Surinder Singh said the manufacturer is culpable, as is the retailer. "Once the drug is banned, it becomes the responsibility of the manufacturer to recall the batches of these banned drugs already in the market," Dr Singh said.
DCGI officials said the offending chemists have been issued 'Form 15', prohibiting them from disposing of the stocks of the drugs. The controller is now in the process of generating evidence against the manufacturers and distributors — a process that might take about another fortnight. After investigations are over, the controller will start proceedings for the prosecution of sellers, distributors and manufacturers, the officials said.The illegal sale of banned drugs is a non-bailable offence, and if proved, carries a punishment of three years in prison and a fine.The raids were carried out after repeated complaints at the DCGI office. Banned drugs recovered include the popular diabetes drug Rosiglitazone, the antibiotic Gatifloxicin, and Tegaserod, a medicine used to treat irritable bowel syndrome.
Rosiglitazone was banned late in 2010; the other two drugs were banned earlier this year. The government cracked down on the manufacture, sale and distribution of the drugs after they were found to have side-effects that could be harmful.
