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New Delhi: Frame policy for online sale of drugs in 8 weeks says High Court
'In the event the policy is not framed within the stipulated time period, the joint secretary dealing with the subject shall be personally present on the next date'
New Delhi : The Delhi High Court Thursday granted eight weeks to the Centre as a last opportunity to frame a policy on online sale of medicines, saying the issue has been lingering on for long and the government must expedite the process.
The court said if the policy is not framed within the stipulated time period, the joint secretary concerned dealing with the issue shall be personally present before the court on March 4, 2024, the next date of hearing. "This court is of the view that as more than five years have lapsed, the Union of India has had sufficient time to frame the policy. In the interest of justice, one last opportunity is granted to the Union of India to form the policy within eight weeks.
"In the event the policy is not framed within the stipulated time period, the joint secretary dealing with the subject shall be personally present on the next date," a bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said. The high court had earlier asked the Centre to file a status report on petitions seeking a ban on "illegal" sale of drugs online. The court was hearing petitions seeking ban on such sale and challenging the draft rules published by the Ministry of Health and Family Welfare to further amend the Drugs and Cosmetics Rules.
Challenging the August 2018 notification, the petitioner body, South Chemists and Distributors Association represented by advocate Amit Gupta, said that the draft rules are being pushed through in "serious violation" of the law, ignoring the health hazards caused due to sale of medicines online without proper regulations. Petitioner Zaheer Ahmed, represented by advocate Nakul Mohta, sought contempt action against the e-pharmacies for continuing to sell drugs online despite a high court order staying such activity.
Ahmed's counsel informed the court that the petitioner passed away recently. During the hearing, senior advocate Sudhir Nandrajog, appearing for the petitioner association, submitted that despite the Centre saying that they are taking action, illegal sale of drugs online is continuing.
