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This is an archive article published on August 22, 2003

Panel meets to ensure fast trial, severe penalty

About 10 days after the Mashelkar Committee submitted recommendations, the consultative committee of the Ministry of Health and Family Welfa...

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About 10 days after the Mashelkar Committee submitted recommendations, the consultative committee of the Ministry of Health and Family Welfare on spurious drugs is meeting tomorrow to decide on what changes to bring about in the Drug and Cosmetic Act.

While Health Ministry officials insist that inputs of the MPs would be essential for furthering any bill on amendments to the Act, the pharmaceutical industry insists that setting up special courts for trial of offences, as recommended by the Mashelkar Committee, is an important step. ‘‘Though sure and severe punishment can prove to be a major deterrent. Speedy trials is what would ultimately make the difference,’’ Sandhya Tiwari, director, Confederation of Indian Industries told The Indian Express.

Besides recommending death penalty and fine not less than Rs 1 lakh for offenders, the Committee report had strongly advocated empowering state and Central governments to constitute special courts for offences under the Act. ‘‘The committee noted that currently the legal proceedings are far too complicated and lengthy; the process moves slowly and the conviction rate is low…quick disposal and immediate/ appropriate punishment is called for as it would act as a true deterrent,’’ the report said.

The recommendations, if accepted, would also mean that no one less than a sessions judge shall try an offence punishable under the Act. While the committee recommended making the offences cognisable and non-bailable, a provision for compounding of offences has also been suggested. Under this provision, the Centre or state government or any other authorised on their behalf, may either before or after institution of any proceeding under this Act, compound any offender with punishment not less than two years and a fine not less than Rs 10,000.

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