What do most of us do when a pop-up advertisement bothers us? We close the website and move on. But when a resident of Belagavi followed up on such an ad, it led to action by the Drugs Control Department (DCD).
It was an ad that promised medication for a sexual problem and it popped up constantly across websites. The man (identity of the person has been withheld) called a chemist friend to inquire about it. He in turn informed the DCD, which initiated an investigation. This was back in 2014.
“The DCD officers realised that the drugs were being sold to anyone who would buy it, without a prescription. What is more, it was inconceivably cheap, at ₹185 for four strips,” said the chemist, who had informed the department.
A complaint was formally registered by the DCD in Belagavi. The painstaking investigation took the team across several States for years. Now, a local court has taken cognisance of the offence.
“As far as we know, this is the first case against the online sale of a scheduled drug in the country,” said Raghuram Nidavanda, Assistant Drug Controller, who conducted the investigation.
During the investigation, they found that Sildenafil Citrate, a scheduled drug that is to be sold by a licensed pharmacist only on the prescription of a specialist doctor, was being sold online. This was a clear violation of the Drugs and Cosmetics Act, 1940.
“Cipla Pharmaceuticals produces and sells this scheduled drug. However, it has to be sold only by licensed pharmacists against prescription by an expert medical practitioner. An attempt by anyone to sell such drugs online is an offence,” Mr. Nidavanda said. The DCD informed Cipla that their product was being sold online through an online market. It was put on offer by a third-party vendor, Herbal Health Care, in Ludhiana, in Punjab.
Modus operandi
The investigation officer said that the search proved time-consuming and expensive. It began with a trap. Officers ordered the drug online and sought to pay through the ‘cash on delivery’ mode. They got four strips of the tablet for ₹185. Soon after receiving it, a team left for New Delhi to inquire with the courier services.
Investigations at the courier company led them to the e-commerce platform. Further investigation led them to Ludhiana to trace the vendors, a city-based couple Pushpendra and his wife Shelly Kumar.
They were running Herbal Health Care (HHC) to sell home-made herbal preparations. “However, they had no licence to sell medicines. They were selling drugs online, from home, which is a violation of the Drugs and Cosmetics Act,” said Mr. Nidavanda. Once the investigation began, the e-commerce site stopped the sale of the drug and terminated its contract with HHC. A case under the Drugs and Cosmetics Act was filed against five persons, including the Kumars and the directors of the e-commerce site.
“We are happy about the successful investigation,” said Dipak Gaekwad, Deputy Drugs Controller, Belagavi. “In January, the Second Judicial Magistrate First Class took cognisance of the offence,” he said, adding that the trial will soon start.
