Government likely to amend D&C Act to curb illicit drug trade

Mumbai: Following the recommendations of the expert committee set up by the health ministry in 2001 to look into the issue of spurious and substandard drugs in India, the government is planning to amend Section 27 of the Drugs and Cosmetics (D&C) Act 1940.

Section 27 defines the penalty for manufacture and sale of adulterated drugs, putting it under Section 320 of the Indian Penal Code (45 of 1860) where the minimum punishment could be imprisonment of five years and a fine of minimum Rs 10,000.

Now the authority is looking at enhancing the penalty and the option of bringing it under the Essential Commodities Act, but the details are yet to be worked out, say sources close to the Drug Controller General’s office.

The committee, which has recently submitted its report to the government, notes that an efficient, high-tech networking needs to be established to block the entry of spurious and substandard drugs into the supply chain. It also suggests strict monitoring and recommends higher punitive measures, making it a cognisable offence under the D&C Act.

The central government is currently contemplating to amend Section 27 of the Act to incorporate enhanced punishment both in terms of fine as well as imprisonment, the sources add.

The spurious drugs trade across the world is put at around $97 billion and the menace is severe in countries like Sri Lanka, Thailand and Bangladesh. Recognising the tough task involved in breaking the link among manufacturers, retailers, hospitals and doctors to effectively tackle adulteration in drugs and pharmaceuticals, the committee suggests that the responsibility should be shared among the industry, trade and regulatory authorities.

States should develop the required focus and put an effective system in place to constantly look into this issue, the reports says. “Higher emphasis should be given on faster communication, networking and coordination between the central government and the states.”