Online Pharmacies: High Court tells state govt to check unauthorised sale of drugs online

The PIL filed by a Mumbai college lecturer, Mayuri Patil, through her lawyer Vallari Jathar, has given a list of Schedule ‘H’ medicines that come with a warning: “To be sold by retail on the prescription of a registered medical practitioner only.”

The whole process of drugs supply by those websites is in violation of the Drugs and Cosmetics Rules, 1945, says the PIL, accusing the websites of not observing the provisions made under various laws.

The PIL has also sought to know if these websites have a licence to sell Schedule ‘H’ and Schedule ‘X’ medicines, such as Diazepam, Lorazepam and insulin, among others.

“The websites are ignoring provisions of law supposed to be followed to run a pharmacy business,” the petitioner claims.

According to Rule 61 of the Drugs and Cosmetics Rules, 1945, it is compulsory for retailers and wholesalers to have a licence to sell drugs.

The petition says, “It is crystal clear that drugs, of any category, cannot be sold without licence under the rules.”

Patil cited rules dealing with cash memo, prescription and other particulars. The PIL also prays for a committee to be set up to make a list of all such portals.

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