More than 14 years after a retired employee of Hindustan Antibiotics Ltd (HAL) was booked in a criminal case for allegedly approving a sub-standard drug, the Telangana High Court has quashed all charges against him and imposed a fine on the Central Drugs Standard Control Organisation (CDSCO) for implicating him without sufficient evidence.
Court Ruling and Fine
Justice Anil Kumar Jukanti observed that the prosecution was a "sheer abuse of the process of law" and a violation of fundamental rights. The court ordered CDSCO to pay "exemplary costs" of Rs 50,000 to the 75-year-old former zonal manager of HAL. The judge noted that the official had retired months before the drug in question was even manufactured.
Background of the Case
The case dates back to 2010 when drug inspectors seized samples of Roxythromycin tablets, used to treat bacterial infections, manufactured by a private pharma company and supplied through CDSCO from the Central Hospital, South Central Railways, Secunderabad. The samples were found to be manufactured in March 2009 and deemed not of "standard quality." Following a government laboratory report, drug authorities filed a criminal complaint in 2012, naming the petitioner as the primary accused responsible for the quality lapse.
Key Findings
During legal proceedings, the court discovered that the petitioner had retired on January 31, 2009, two months before the substandard batch was produced. Authorities had relied on outdated records to link him to the company's operations, ignoring his retirement. The bench expressed disapproval and directed drug authorities to "independently apply their minds before naming individuals in criminal complaints, as such actions jeopardise careers and families."
Court's Observations
The court highlighted the "negligent attitude" of officers involved in the inspection, stating they acted hastily without substantial material. Justice Jukanti maintained that while manufacturers of poor-quality drugs must be dealt with "an iron hand" in the interest of public health, dragging a retiree into a criminal trial who was not related in any way was wholly illegal.
