The government is actively considering a proposal aimed at curbing the menace of spurious drugs rampant in the country, suggesting an amendment in Section 32 of the Drug Act 1976 that has been submitted to the Health Ministry, since experts have found loopholes in it.
Under the first provision of clause (b) of sub section (3) of section 32 of the Drugs Act 1976, if a drug inspector finds a person selling spurious drugs, the inspector must order him in writing to provide a warranty for the drug within seven days. The body found that the provision that "if a drug seller provides the drug warranty within seven days then criminal liability does not apply" was akin to giving culprits space to escape accountability.
According to sources, the committee noted that the seven-day time period was more than enough for a culprit to manipulate facts and escape criminal liability. "In the proposal submitted to the Ministry, it has been suggested to amend the particular section of Drug Act 1976 and to bind a drug seller to provide the drug warranty on the spot" sources say.
A member of the committee argued that the proposed amendment to the Drug Act would help concerned authorities control the sale and manufacturing of spurious medicines, as the seven day time frame for producing drug warranties was the cardinal flaw in the existing legislation. "This proposal is part of a package of recommendations that have been submitted to the Health Ministry", he added.
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