The cases in which the police took action under the Drug and Cosmetic Act will be sent to the Drug Department after August 20. Whatever action has been taken by the police, they are being sent to the drug controller, The government said in the Supreme Affidavit.
Now the police will not take any action in the case of counterfeit medicines in the state. In the case of action on counterfeit drugs, after 20 August 2020, all rights from seizure to arrest are with the Drug Controller under the Drug and Cosmetics Act.
After the order of the Supreme Court, the Police Headquarters has stopped the action being taken by the police against the counterfeit drug dealers across the state. Files of investigation of all the actions taken by the police under the Drug and Cosmetic Act 1940 during the corona period. They will be sent to the Police Headquarters Drug Controller. Along with this, the Police Headquarters has sought the opinion of the Legal Branch regarding the cases in which the police have presented challans or sections of the IPC that have been imposed.
In this case, the investigation of 21 cases caught during the corona period will be sent to the Police Headquarters Drug Controller. Or, by removing the section of the Drug and Cosmetic Act, As a result, the police will take action in the IPS sections. During the Corona period, the police took maximum action in this act in Jaipur.
In the case of fake medicines 3 in Jaipur West, 4 in Jaipur North, 4 in Hanumangarh, 1 in Jodhpur East, 1 in Jodhpur West, 1 in Jaisalmer, 4 in Barmer, 1 in Pali, and 2 actions were taken by SOG. In this, the police had registered 21 cases. Challan has been presented in 4 cases. However, the investigation of fake Remdesivir and supply of fake medicines of Heart is also being sent to the Drug Department.
The Home Department refused police action in the Drug and Cosmetic Act, the PHQ has written a letter to the government. The RPS officer should be given investigative powers. For this, the state government should issue the notification. Now the matter is in the court of the state government. Now the government has to decide who will investigate what next?
Under the order of the Supreme Court, the police officer does not have the right to make an FIR, investigate, arrest or produce a challan under this Act. The Action has been taken by the police in the corona period or in the Drug and Cosmetic Act 1940, those files are being sent to the Drug Department. The Opinion in this matter has been sought from the Law Department. What should be done in those cases in which the challan was presented? Sections of the Drugs Act have been removed in some cases.
Ketwali had arrested Vinay Mangal in the case of counterfeit medicine. However, the bail was also rejected by the High Court. Vinay Mangal went to the Supreme Court for bail. His lawyer told that the Supreme Court has passed a decision on 20 August 2020 that the Drug Inspector is competent to take action against the offenses. This is described in accordance with Section 3 and 1 of the Drugs and Cosmetics Act, 1940. The government said in the Supreme Affidavit that whatever action has been taken by the police, they are being sent to the drug controller.
