U Sudhakar Reddy
Most of the accused in spurious and unlicensed drug cases are acquitted in the State. Taking advantage on the technical issues pertaining to the notification of jurisdiction of investigating officials the accused drug manufacturers and distributors are going unpunished.
According to Drug Control Administration of the State around 65 cases ended up in acquittal in 2012-13 and in around 44 cases the accused are convicted. In the previous year 31 cases are acquitted and 32 are convicted. DCA has cancelled licenses of 37 manufacturers and 30 stop production orders were issued.
A drug controller said,”when compared to police department the conviction rate is better in drug cases with us. Most of the acquittals are attributed to technicalities. As per the drugs and cosmetics act the drug inspector has jurisdiction to ‘such local area’. But while appointing drug inspector it is said that their jurisdiction is entire state. Other states are issuing notification during postings on the jurisdiction which is not done in the State. AP High Court ruled earlier that if notification is not issued the drug inspector is not competent to file the case. Based on this judgment the accused are approaching the local court and getting acquitted,”
Another major factor is lack of independent witnesses in drug cases like in police cases.
“Usually nearby medical shop owners or manufacturers are listed a witnesses. It is very difficult to get the independent witnesses to the court as there is no fear of the drugs department. Courts are asking for independent witnesses,” said an official.
DCA stats
2011-12 2012-13
No. of Seizures 50 134
No.of inspections 34454 51049
Sales licenses suspended 2063 3257
Manufacturing license cancelled 8 37
Prosecutions pending I court 908 926
Convictions 32 44
Acquittals 31 65
Most of the accused in spurious and unlicensed drug cases are acquitted in the State. Taking advantage on the technical issues pertaining to the notification of jurisdiction of investigating officials the accused drug manufacturers and distributors are going unpunished.
According to Drug Control Administration of the State around 65 cases ended up in acquittal in 2012-13 and in around 44 cases the accused are convicted. In the previous year 31 cases are acquitted and 32 are convicted. DCA has cancelled licenses of 37 manufacturers and 30 stop production orders were issued.
A drug controller said,”when compared to police department the conviction rate is better in drug cases with us. Most of the acquittals are attributed to technicalities. As per the drugs and cosmetics act the drug inspector has jurisdiction to ‘such local area’. But while appointing drug inspector it is said that their jurisdiction is entire state. Other states are issuing notification during postings on the jurisdiction which is not done in the State. AP High Court ruled earlier that if notification is not issued the drug inspector is not competent to file the case. Based on this judgment the accused are approaching the local court and getting acquitted,”
Another major factor is lack of independent witnesses in drug cases like in police cases.
“Usually nearby medical shop owners or manufacturers are listed a witnesses. It is very difficult to get the independent witnesses to the court as there is no fear of the drugs department. Courts are asking for independent witnesses,” said an official.
DCA stats
2011-12 2012-13
No. of Seizures 50 134
No.of inspections 34454 51049
Sales licenses suspended 2063 3257
Manufacturing license cancelled 8 37
Prosecutions pending I court 908 926
Convictions 32 44
Acquittals 31 65
No comments:
Post a Comment