Unmaid Hospital Case Makes Drug Manufacturers Wary

Unmaid Hospital Case Makes Drug Manufacturers Wary


The recent case at Jodhpur's government-run Umaid Hospital seems to have made the entire Indian drug manufacturers feel very uneasy.

The reason for the uneasiness arises from the criminal case which has been filed against the drug manufacturer by the local police. The company along with its distributor has been booked under Section 328 which implies "causing hurt by means of poison, etc., with intent to commit and offence”.

The sections reads, “causing hurt by means of poison, etc., with intent to commit and offence. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

The industry believes that such cases should be booked under the Drugs and Cosmetic Act. Under which, the Drugs Controller General of India (DCGI) approaches a court and requests prosecution under the offences and penalties clause of the Drugs and Cosmetics Act.

A senior counsel Kapil Dave said,"An act like this would mean that all pharma companies should be scared of supplying to government hospitals since they are governed by the state governments. Section 328 would tantamount to pharma companies CEO being hounded as criminal killers by anyone."

“The drug industry has been closely following the developments in this case and would decide on the future course of action” said SK Singhal of a leading pharma company from Northern India.