Take action against chemists selling prescription drugs OTC sans authorization: HC directs Govt

The petition had alleged that chemists dealing in the retail sale of medicines are selling antibiotics and medicines mentioned in Schedule H and H1 of the Drugs and Cosmetics Act, 1940, without the prescription and supervision of a registered pharmacist.

New Delhi: The Delhi High Court directed the Centre and the AAP government on Thursday to take action against those found to be selling prescription drugs over-the-counter (OTC) without a doctor's authorisation.

A bench of Chief Justice D N Patel and Justice C Hari Shankar issued the direction while disposing of a PIL by an NGO which alleged that chemists often sell OTC, those medicines which require a prescription from a doctor.

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The petition by Anterrashtriya Upbhokta Kalyan Samiti had sought action against "uncontrolled, unwanted and unguided" use of drugs, not permitted to be sold over-the-counter without a doctor's prescription.

The Drugs and Cosmetics Act, 1940 and Rule 65 of Drugs and Cosmetic Rules, 1945 list the manufacture and sale of all drugs which cannot be purchased without the prescription of a qualified doctor.

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The petition had alleged that chemists dealing in the retail sale of medicines are selling antibiotics and medicines mentioned in Schedule H and H1 of the Drugs and Cosmetics Act, 1940, without the prescription and supervision of a registered pharmacist.

Taking note of the NGO's contentions, the bench said if any such chemist is brought to the attention of the Centre and the Delhi government, they will take action in accordance with law, rules, regulations and policy applicable to the facts of the case.

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