SC raps Uttarakhand licensing authority in Patanjali case
Licensing body was criticised for cancelling 14 licences of Divya Pharmacy only after SC intervention
The Supreme Court on Tuesday expressed dissatisfaction at the Uttarakhand State Licensing Authority, saying it only “woke up” and moved against Patanjali Ayurved and its cofounder Baba Ramdev like “lightning” for repeated violations committed under the Drugs and Magic Remedies Act after the court intervened and passed orders.
A Bench of Justices Hima Kohli and Ahsanuddin Amanullah were not impressed by the authority’s adavit which said it had, on April 15, suspended the manufacturing licences of Divya Pharmacy and Patanjali Ayurved Ltd. for 14 products — Swasari Gold, Swasari Vati, Bronchom, Swasari Pravahi, Swasari Avaleh, Mukta Vati Extra Power, Lipidom, Bp Grit, Madhugrit, Madhunashini Vati Extra Power, Livamrit Advance, Livogrit, Eyegrit Gold and Patanjali Drishti Eye Drop — under Rule 159 (1) of The Drugs and Cosmetics Rules, 1945.
“This is something you should have done as a routine. So, if you want to, you can move like lightning. Otherwise, you simply do not,” Justice Kohli addressed senior advocate Dhruv Mehta, who appeared for the State Licensing Authority (SLA).
“It was only after our order that you [SLA] realised that there is a law — Drugs and Magic Remedies Act. You were oblivious of it till then. Now, you wake up and realise you have power… Why were you in limbo for nearly six years?” Justice Kohli asked.
Justice Amanullah said the SLA has “shot from the court’s shoulders”.
Dr. Mithilesh Kumar, Joint Director State Licensing Authority, Ayurvedic and Unani Services, tendered an unconditional apology to the Court. However, the court took exception to Mr. Kumar’s submission that the SLA had been “vigilant in its duties”.
The Bench gave the SLA another 10 days to le fresh adavits.
The case was posted for hearing on May 14.