‘Don’t sell some drugs without prescription’

Mumbai: The Bombay High Court on Monday directed chemists to sell certain medicines, including cough syrups, only on production of a physician's prescription and in the presence of a qualified pharmacist. 

    A division bench of Justice P B Majmudar and Justice Ramesh Dhanuka was hearing three petitions filed by chemists from Malad, Andheri and Goregaon challenging an order passed by the assistant commissioner of Food and Drugs Administration (FDA), cancelling their licences. The cancellation order was confirmed by the minister of food and drugs department, with FDA's contention being the chemists sold Rexcof syrup, which has a high alcohol content, without prescription and in the absence of a pharmacist. 

    Their advocate Sanjiv Sawant argued that the penalty of cancelling their licences was harsh and excessive. "This is a solitary incident in the case of the petitioners. They have produced documents to show that the pharmacist was present. They have not sold any medicine without prescription," said Sawant. He also urged the court to considering imposing a lesser punishment. 

    Government pleader D A Nalawade said Rexcof contained codeine phosphate, which was a narcotic substance and such medicines were supposed to be sold only upon producing the doctor's prescription. "Cough syrups are misused by those addicted to it," said Nalawade. 

    The judges, in their order, directedthe modification of FDA'sorder to the extent of suspending the chemists' licences for four months. They, however, allowed the petitioners two weeks to "finish stock of medicines" in their shops. 

    The judges said because it was the first such incident, they were imposing a lesser punishment of suspending thelicences and notcancelling them. Asking the chemists to be more careful, the judges directed them not to dispense certain medicines without the prescriptions of doctors and the drugs should be sold in the presence of qualified pharmacists. The judges added that if medicines were sold in the absence of prescriptions and pharmacists, there might be adverse health problems in society.