Gujarat High Court
Pareshkumar Dhirajlal Dhanani vs State Of Gujarat on 20 April, 2021
Author: Sonia Gokani
Bench: Sonia Gokani, Vaibhavi D. Nanavati
C/WPPIL/54/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 54 of 2021
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PARESHKUMAR DHIRAJLAL DHANANI
Versus
STATE OF GUJARAT
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Appearance:
MR AJ YAGNIK(1372) for the Applicant(s) No. 1
for the Opponent(s) No. 1,2,3,4,5,6,7
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CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 20/04/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. Draft amendment is permitted. The same shall be carried out on or before 23.04.2021.
2. Petitioner has preferred the petition under Article 226 of the Constitution of India. By way of this litigation, the petitioner has prayed for the following reliefs:-
A. "Your Lordships be pleased to direct respondents and particularly respondent no.1,2 and 7 to constitute expert committee of highly distinguished and neutral persons to inquire into the entire incident and of all those who are directly and indirectly involved in selling, purchasing, hoarding, stocking and distribution of more than 5000 Remdesivir Injections to the people at Surat BJP Party office by respondent no.3 and 4 and place report before this Hon'ble Court in the context of the Pharmacy Act, 1948, Drugs and Cosmetics Act, 1940, Disaster Management Act, 2005 and Epidemic Diseases Act, 1897 within stipulated period of time and be further pleased to direct respondent no.1,2 and 7, based on th expert committee report, take action against all those who have contributed and committed in illegal and unlawful activities in question and initiate all the necessary civil and criminal proceedings provided in law as well as department actions in accordance with law and to establish rule of law.
B. In the alternative, Your Lordships be pleased to direct respondent no.1, 2,5 and 7 to inquire into the entire incident of and all those who are directly Page 1 of 4 Downloaded on : Thu Apr 22 21:20:30 IST 2021 C/WPPIL/54/2021 ORDER and indirectly involved in selling, purchasing, hoarding, stocking and distribution of more than 5000 Remdesivir Injections to the people at Surat BJP Party office by respondent no.3 and 4 and place report before this Hon'ble Court in the context of the Pharmacy Act, 1948, Drugs and Cosmetics Act, 1940, Disaster Management Act, 2005 and Epidemic Diseases Act, 1897 within stipulated period of time and be further pleased to direct respondent no.1,2,5 and 7, based on inquiry report, take action against all those who have contributed and committed illegal and unlawful activities in question and initiate necessary civil and criminal proceedings provided in law as well as department actions in accordance with law and to establish rule of law.
C. Be pleased to direct respondent no.1, 2,5,6 and 7 to ensure that such incident in question of acquiring, stocking and distribution of Remdesivir Injections from the office of a political party or any other place which does not have registration and license as per the applicable law does not happen in future and that no other drug or medicine is sold from any place other than the registered and licensed pharmacy shop, stockist or distributor holding necessary permission and be further pleased to direct respondents to issue necessary notification, regulation and guidelines in this regard in accordance with law.
CC. Be pleased to direct respondent no.1,2,5,6 and 7 to restrain and prohibit respondent no.3 and 4 from acquiring and distributing with or without consideration/s enmass or otherwise Remdesivir Injections to the people at large based on doctors prescription and corona report of the respective patients from the BJP office at Surat or for that matter any office of BJP in the State of Gujarat in the context of provisions of Drugs and Cosmetics Act, 1940, Pharmacy Act, 1948 and the Drug (Control) Act,1950 and in the backdrop of directions issued by Government of India as well as the respondent State of Gujarat in this regard.
D. During the pendency and/or final disposal of the present petition, Your Lordships be pleased to direct respondent no.1,2,5,6 and 7 to immediately prevent respondent no.3 and 4 from distributing Remdesivir Injections or any other registered drug or medicine to the people at large from BJP office at Surat or for that matter from any other place as a part of charitable activity in violation of the Drugs and Cosmetics Act, 1940 and the Pharmacy Act, 1948 and other applicable law/s in this regard.
E. During the pendency any/or final disposal of the present petition, Your Lordships be pleased to pass interim relief that is required to prevent such incidents in future of acquiring, stocking and distribution of Remdesivir Injection or any other drug or medicine by any person or institution other than those who hold registration and license in accordance with the Drugs and Cosmetic Act, 1940 and the Pharmacy Act, 1948.
F. Ad interim relief in terms of 12 (D) and 12 (E) Page 2 of 4 Downloaded on : Thu Apr 22 21:20:30 IST 2021 C/WPPIL/54/2021 ORDER G. Your Lordships be pleased to dispense with the affidavit of the petitioner.
H. Any other and further order as may be deemed fit in the interest of justice and equity."
3. Here, the issues raised essentially are of flagrant violation of Drugs and Cosmetic Act, 1940 and Pharmacy Act, 1948 as also of violation of provisions of Disaster Management Act, 2005 and of Epidemic Diseases Act, 1897 by the respondents no.3 and 4 of distribution of life saving drug without any license or registration. According to the petitioner, it is illegal and unauthorized sale, purchase, distribution, stocking of 5000 Remdesivir Injections. This, according to the petitioner is at the time when the entire country is facing extreme shortage of Remdesivir Injections and which is also affecting the State of Gujarat as well. Without alleging hoarding or any monetary gain, the petitioner has alleged of unauthorized procurement and distribution of anti-viral drug, which is vital for the lives of people. On account of inaction and indecisiveness on the part of the Constitutional and statutory authorities, the petitioner alleges that such unpalatable action is witnessed. Representation made to respondent no.7 - Drugs Control Administration, State of Gujarat for appropriate directions in accordance with the applicable law has not been responded to. According to the petitioner, the act even if not unethical, it is contrary to law and wholly impermissible.
4. We have heard extensively, the learned advocate Mr. A. J. Yagnik for the petitioner and on an advance copy, learned AGP Mr. Tirthraj Pandya, let the NOTICE be issued to Respondents no. 1 to 4 and 7, returnable on 05.05.2021.
5. The status of representation made to the Respondent no.7, the Commissioner of Drugs, State of Gujarat on 14.04.2021 shall be placed before this Court on the returnable date.
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6. Request made on the part of learned advocate Mr. A.J. Yagnik for the petitioner to issue directions at interim stage for scrupulously following the communications of 07.04.2021 and 10.04.2021, issued by the Drugs Controller General (India), Government of India; Director of Health Services, Central Drugs Standard Control Organization is objected to by learned A.G.P. He is permitted to take instructions and place necessary material on the record, concerning its adherence on the returnable date, before this Court deliberates over such a request.
Direct service is permitted; electronically and otherwise.
(SONIA GOKANI, J) (VAIBHAVI D. NANAVATI,J) VARSHA DESAI Page 4 of 4 Downloaded on : Thu Apr 22 21:20:30 IST 2021