More than 14 years after a retired employee of Hindustan Antibiotics Ltd (HAL) was booked in a criminal case for allegedly approving a sub-standard drug, the Telangana High Court has quashed all charges against him and imposed a fine on the Central Drugs Standard Control Organisation (CDSCO) for implicating him without sufficient evidence.
Court's Observations
Justice Anil Kumar Jukanti observed that the prosecution was a "sheer abuse of the process of law" and a violation of fundamental rights. The court ordered CDSCO to pay "exemplary costs" of Rs 50,000 to the 75-year-old former zonal manager of HAL. It was found that the officer had retired months before the drug in question was even manufactured.
Background of the Case
The case dates back to 2010 when drug inspectors seized samples of Roxythromycin tablets, used to treat bacterial infections, from the Central Hospital of South Central Railways in Secunderabad. The tablets were manufactured by a private pharma company and supplied through CDSCO. Tests revealed that the batch, manufactured in March 2009, was not of "standard quality." Based on a government laboratory report, drug authorities filed a criminal complaint in 2012, naming the petitioner as the primary accused responsible for the quality lapse.
Key Evidence
During legal proceedings, the High Court discovered that the petitioner had retired from service on January 31, 2009, two months before the substandard batch was produced. The court noted that authorities relied on old records to link him to the company's operations, ignoring the fact that he was no longer an employee.
Court's Directive
Expressing its disapproval, the bench directed drug authorities to "independently apply their minds before naming individuals in criminal complaints, as such actions jeopardise careers and families." The fine imposed on CDSCO serves as a deterrent against similar negligence in the future.
