Bombay High Ccourt asks reply on action over sites selling schedule H drugs

Bombay high court has asked the state government to file its reply on what steps have been taken against websites selling medicines that do not follow rules and regulations prescribed under law. The court has also asked the state to file an affidavit within a week.

A division bench of Justice Shantanu Khemkar and Justice M.S. Karnik was hearing a public interest litigation (PIL) seeking ban on the sale of schedule H drugs online without proper prescription or cash memos, calling it illegal.

The petitioner on Thursday told the court that despite orders, the state government had not taken any action against such websites and it looked like it was not interested in doing so. Public prosecutor Molina Thakur said that the action taken report had been prepared and was ready to be submitted in court.

To this, HC told the state government to submit the report in the next week.

The PIL filed by a Mumbai college lecturer, Mayuri Patil, through her lawyer Vallari Jathar, has listed schedule H medicines that come with the warning, “To be sold by retail on the prescription of a registered medical practitioner only”. The PIL states that the entire process of supply of drugs by these websites is in violation of the Drugs and Cosmetics Rules, 1945, and accuses them of not observing provisions under various laws. The PIL further seeks to know if these websites have a license to sell schedule H medicines such as Diazepam, Lorazepam and Insulin, among others. It cites rules dealing with cash memos, prescriptions and other particulars. It prays that a committee be set up to make a list of such portals.