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In a public interest litigation petition filed in the Delhi High Court with the cause title, Amit Sahni vs. Union of India through Ministry of Health and Family Welfare and Anr., questions and challenges the serious issue of unlawful reselling and reuse of drugs/medicines by erasing original manufacturing dates, expiry date, maximum retail price and other details and re-stamping the already expired medicines for the purpose of selling.

The Petition was heard on 16th November, 2018 before the Division Bench comprising of Chief Justice of the Delhi High Court Rajendra Menon and Justice V Kameswar Rao. The Bench issued a notice to Ministry of Health and Family Welfare and the Drug Controller General of India, under Central Drugs Standard Control Organization, against the above-mentioned Petition filed to restrain the sale and re-use of expired medicines.

The Petitioner in his Petition stated that, “Bengal police had busted a Drug Mafia with fake drugs worth Rupees Ten Crores and the accused involved in the case were reselling medicines by changing the expiration date. The accused used to purchase such medicines from the medical shop saying that they would be disposing the same in crap.”

The Petitioner also stated that, “as per Environment Protection Act (Biomedical Waste Management and Handling Rules) expired or discarded medicines are either to be sent back to the manufacturer or disposed of as per the prescribed rules.”

The Petitioner in this public interest litigation seeks to restrain the drug mafia that is selling expired medicines to unsuspecting patients. It further seeks to protect such patients from the side effects that expired medicines can cause.

The matter is relisted on 11th March 2019 when Delhi High Court will hear Ministry of Health and Family Welfare and the Drug Controller General of India and probably ask them to explain their future cause of action to restrain the drug mafia hitherto.

Taruna Verma

Senior Associate

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