The Delhi High Court on Tuesday declined to interfere with its earlier order banning sale of drugs and prescription medicines by online pharmacies.
A Bench of Chief Justice Rajendra Menon and Justice V.K. Rao said the ban will continue till the next date of hearing on February 6.
The court added that the Central government is yet to frame the rules to regulate such entities.
The court was hearing a petition, filed by Zaheer Ahmed, seeking a ban on “illegal” sale of drugs and medicines online.
‘Drug epidemic’
In his petition, Mr. Ahmed has said the online illegal sale of medicines would lead to a drug epidemic, drug abuse and misutilisation of habit forming and addictive drugs.
The Centre said the government is in the process of framing the rules in this regard.
Directorate General of Health Services of the Ministry of Health and Family Welfare said after deliberation on the concern raised by the stakeholders, it was decided that the central government shall prepare a regulatory framework for the regulation of online sale of drugs.
The government has called for objections and suggestions from all the stakeholders and after due consideration, the draft rules will be finalised for publication in the official gazette, it said.
During the hearing, one of the online pharmacies seeking to be made a party in the case informed the court that the division bench of Madras High Court has vacated the stay on online sale of medicines. The pharmacies also urged the court to remove the prohibition on online sale of drugs, saying they held licences and no medicines were sold illegally.
Mr. Ahmed’s petition claimed that the Ministry of Health, the Central Drugs Standard Control Organisation and an expert committee appointed by the drug consultative committee have already concluded that the online sale of medicines was in contravention of the provisions of Drugs and Cosmetics Act, 1940 and the other allied laws.
It claimed that some of the drugs or medicines sold online contain narcotic and psychotropic substances and some can lead to antibiotic resistance, which is a threat not only to the patient but to the humanity at large.
“It is a matter of public knowledge that e-commerce websites have been caught on numerous occasions selling fake products. Unlike consumer items, drugs are extremely potent substances and consuming wrong dose or fake medicine can have fatal consequences for the patient,” the petition said.
