20 hours ago
Uzbekistan syrup death: HC orderrestoration of drug firm's licence
Prayagraj: The Allahabad high court has directed restoration of a Noida-based drug company's licence, which was cancelled in 2023 following the death of around 15 children in Uzbekistan after consuming the syrup it manufactured.
Allowing a writ petition filed by Ms Marion Biotech Private Limited, Justice Dinesh Pathak quashed an order dated October 4, 2023, passed by the reviewing authority that manufacturing company (petitioner) should produce the certified copies of the orders passed by different courts of Uzbekistan and submit a report to the Drugs Licensing and Controlling Authority, UP and Drug Controller General of India after implementing the process of corrective and preventive action.
"I am surprised to see that Indian authorities are trying to validate their proceedings conducted under the Indian law on the basis of judgment passed by the Supreme Court of the Republic of Uzbekistan. Indian laws relating to drugs are exhaustive and self-sufficient which does not require any validation of the judgement passed by foreign courts," the HC order, passed recently, said.
"The premises of the petitioner's factory has been inspected more than once and the samples collected have been examined by the government analyst, as per provisions enunciated in the Act 1940 and Rules 1945.
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Authorities concerned have delved deep to examine the manufacturing process of the drugs at the factory premises of the petitioner and the quality of drug, as well, as per legal requirement enunciated under the Act 1945 and Rules 1945," it added.
"There is nothing convincing, as to what special the state and central authorities have found in the judgement passed by the foreign courts intending to validate their official duties performed under the Indian law.
Nothing special has been demonstrated before this court in the orders passed by different courts of the Republic of Uzbekistan except certain observations with regard to the quality of drugs, which have been found unfit for use, and the said observation was subsequently modified to certain extent," the court said.
"The order impugned is illegal, unwarranted under law and without jurisdiction. Existence of such order would be prejudiced to the right and interest of the petitioner and amounts to miscarriage of justice to him," the court concluded.
The petitioner is a private limited company having its manufacturing unit at Sector 67, Gautam Budh Nagar. On the information received from the authorities concerned regarding the death of 15 children in Samarkand, Republic of Uzbekistan in 2022 owing to consumption of a syrup prepared by the company, a joint inspection team of central and state drug authorities conducted several inspections at the factory premises of the petitioner and collected samples of drugs for the purposes of testing and analysis.
Later, they found the samples not of standard quality. Subsequently, the drugs licensing-cum-controlling authority UP, cancelled the drugs licence of the petitioner.
Prayagraj: The Allahabad high court has directed restoration of a Noida-based drug company's licence, which was cancelled in 2023 following the death of around 15 children in Uzbekistan after consuming the syrup it manufactured.
Allowing a writ petition filed by Ms Marion Biotech Private Limited, Justice Dinesh Pathak quashed an order dated October 4, 2023, passed by the reviewing authority that manufacturing company (petitioner) should produce the certified copies of the orders passed by different courts of Uzbekistan and submit a report to the Drugs Licensing and Controlling Authority, UP and Drug Controller General of India after implementing the process of corrective and preventive action.
"I am surprised to see that Indian authorities are trying to validate their proceedings conducted under the Indian law on the basis of judgment passed by the Supreme Court of the Republic of Uzbekistan. Indian laws relating to drugs are exhaustive and self-sufficient which does not require any validation of the judgement passed by foreign courts," the HC order, passed recently, said.
"The premises of the petitioner's factory has been inspected more than once and the samples collected have been examined by the government analyst, as per provisions enunciated in the Act 1940 and Rules 1945.
Authorities concerned have delved deep to examine the manufacturing process of the drugs at the factory premises of the petitioner and the quality of drug, as well, as per legal requirement enunciated under the Act 1945 and Rules 1945," it added.
"There is nothing convincing, as to what special the state and central authorities have found in the judgement passed by the foreign courts intending to validate their official duties performed under the Indian law.
Nothing special has been demonstrated before this court in the orders passed by different courts of the Republic of Uzbekistan except certain observations with regard to the quality of drugs, which have been found unfit for use, and the said observation was subsequently modified to certain extent," the court said.
"The order impugned is illegal, unwarranted under law and without jurisdiction. Existence of such order would be prejudiced to the right and interest of the petitioner and amounts to miscarriage of justice to him," the court concluded.
The petitioner is a private limited company having its manufacturing unit at Sector 67, Gautam Budh Nagar. On the information received from the authorities concerned regarding the death of 15 children in Samarkand, Republic of Uzbekistan in 2022 owing to consumption of a syrup prepared by the company, a joint inspection team of central and state drug authorities conducted several inspections at the factory premises of the petitioner and collected samples of drugs for the purposes of testing and analysis.
Later, they found the samples not of standard quality. Subsequently, the drugs licensing-cum-controlling authority UP, cancelled the drugs licence of the petitioner.
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