Sindh High Court (SHC) Tuesday ordered the provincial government to take action against manufacturing of substandard medicines and conduct crackdown on sale of such medicines in the province. SHC bench headed by Justice Salahuddin Panhwar also directed Director General Health and Chief Drug Inspector of Sindh to appear in the next hearing of the case with the compliance report.
During the hearing of petition, filed by Prosecutor General Sindh for enhancing the sentence and punishment for sale of substandard medicines, court showed dissatisfaction over the compliance report of Chief Drug Inspector and Drug Inspectors in pursuant to the earlier of the court. "It is not indicating efforts in compliance of directives and preparation of a mechanism to overcome ways / lacunas, causing failure of object, order stated.
Accordingly Chief Drug Inspector shall submit district wise report with regard to registration of total number of medical stores as well place on record policy with regard to issuance of license for medical stores/pharmacy by DHOs as well to record of sale thereof on prescription, court ordered and also directed to issue show cause notice to DG Health for his absent.
Court observed that medicines purchased by the health department are not examined by the Chief Drug Inspector though use and purpose of medicines is same even at such places, which includes restriction of 'use of substandard and expire medicines'. Accordingly Chief Drug Inspector shall be the member of the Central Purchase Committee; court ruled and ordered Secretary Health Sindh to make compliance. Court directed that Drug Inspectors shall make surprise visits to public health sector hospitals, for which they would be competent to seek the help of law enforcing agencies including Judicial Magistrates, if so needed.
Court also ordered IGP Sindh to direct all SSPs that they shall provide complete protection as well help of the police while conducting raids on illegal business of sale and purchase of substandard medicines. Court also ordered to issue notice to President and Secretary, Pakistan Medical Association to assist this court by suggesting some mechanism / proposals so as to stop supply of illegal and substandard medicines. Chief Secretary and Secretary Health Department Sindh shall ensure that all vacant posts of drug inspectors are filled in; court directed and stated that they should also form a committee to study requirements of appointment as Drug Inspectors in the Province of Sindh.
Court also referred to case of Nadir Ali versus Medical Superintendent, Civil Hospital Larkana and others, 2017 and quoted the paragraph of the judgment regarding drug inspector. It reads, "Deputy Commissioner and District Health Officer and Drug Inspectors shall pay surprise visits at all medical stores within their territories including the medical stores available in the hospitals of private sector and shall ensure that no fake medicines and expired medicines are sold and they shall also ensure that the medicines are provided at the market rates on presentation of prescriptions only. In case of any violation they shall recommend such cases for penal action in accordance with law. Such report shall be filed on monthly basis through Additional Registrar of this Court".