KOHIMA, MAY 22 (MExN): The Nagaland Drugs Control Administration has cancelled the drug license of M/s Medical Hall, located in New Market, Dimapur, after it was found to be operating as an unregistered OPD clinic and dispensing medicines based on prescriptions issued by a fake doctor.
In an official order, the Controlling and Licensing Authority under the Department of Health and Family Welfare stated that it took suo moto cognizance of the case and launched an independent investigation. It was found beyond reasonable doubt that the licensed pharmacy, bearing Drug License No. DL/NL/05/06, was being used by an unqualified person, identified as “Dr” P. Albert Lotha, to treat patients and prescribe medicines without legal authority.
The pharmacy’s actions were found to be in clear violation of Section 18(c) read with Rule 65 sub-rule 9(a) of the Drugs and Cosmetic Rules, 1945, which is punishable under Section 27(d) of the Drugs and Cosmetic Act, 1940.
The department also discovered that M/s Medical Hall had obtained multiple indent approvals for the procurement and sale of Schedule-H1 and other restricted drugs. However, no records of such sales were maintained, constituting a violation of Section 18B of the Act.
Following these findings, the Licensing Authority issued a show cause notice under Rule 66 of the Drugs and Cosmetic Rules, 1945, providing the license holder an opportunity to explain why action should not be taken.
In response, the pharmacy's reply in Para-(b) admitted to the existence of an OPD clinic within the licensed premises. This was corroborated by the presence of an OPD register (patient record) and OPD slips issued under the name of M/s Medical Hall, which were used by the fake doctor to prescribe medicines. The Licensing Authority deemed this plea untenable.
In Para-(c) of the reply, the license holder claimed that no medicine had ever been sold without a doctor's prescription or through employees, but also stated that they seldom visited the pharmacy. This self-contradictory statement was found unacceptable by the authority.
In Para-(d), documentary proof was submitted indicating that restricted drugs were procured with indent authorization. However, the submission was found to be ambiguous regarding the mandatory maintenance of sales records for such drugs, as required under Government Notification No. HFW-22/B-2/2001/47 dated February 3, 2023.
In view of the above, the Controlling & Licensing Authority is of the opinion that your plea has no substantial cause,” the order stated. Exercising the powers conferred by Rule 66 of the Drugs and Cosmetic Rules, 1945, the authority has cancelled the drug license of M/s Medical Hall with immediate effect.
The license holder has been directed to apply to the Licensing Authority for disposal of the drugs in stock within one month from the date of cancellation. As per Rule 66A of the Rules, the application must include details of the drugs along with the name, license number, and address of the firm to which the remaining stock is to be sold.
