Central Information Commission
Deepak Sandhu vs Central Drugs Standard Control ... on 16 February, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CDSHQ/A/2023/619720
Shri Deepak Sandhu ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Central Drugs Standard Control ...प्रनतवािीगण /Respondent
Organization, HQ, New Delhi
Date of Hearing : 16.02.2024
Date of Decision : 16.02.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 27.02.2023
PIO replied on : 23.03.2023
First Appeal filed on : 23.03.2023
First Appellate Order on : 18.04.2023
2ndAppeal/complaint received on : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 27.02.2023 seeking information on following points:-
"A). Certificate of Pharmaceutical Product Granted as per WHO-GMP Certification Scheme By CDSCO dated September 2nd 2019, April 4th 2020, September 23rd 2020 and November 11th 2020 respectively to February 10th 2023 w.r.t. number of Ayurvedic Medicines (Copy Enclosed herewith) manufactured by M/s Divya Pharmacy, Haridwar, Uttarakhand Unit II, Khasra No. 210-211, Patanjali Food and Herbal Park, Padartha, Laksar Road, Haridwar, Uttarakhand-249404 And B). Certificate of Pharmaceutical Product Granted as per WHO-GMP Certification Scheme By CDSCO dated February 12th 2021 to February 10th 2023 w.r.t. number of Ayurvedic Medicines (Copy Enclosed herewith) M/s Divya Pharmacy, Unit 1, Plot No. 1. Industrial Area, Haridwar -
249401.
Kindly let me acquaint about following facts.
Page 1 of 401. Certified copies of individual manufacturing licenses (Form 25 D) and their Renewal Certificates (Form 26 D) along with GMP Certificates (Form 26 E-1) and their Renewal (Form 26 E2-1) as per Drugs and Cosmetics Act 1940 and Rules 1945 pertaining to Divya Pharmacy, Haridwar aforementioned two units individually on the basis of those certificates, CDSCO had issued Certificate of Pharmaceutical Product Granted as per WHO-GMP Certification Scheme to Divya Pharmacy, Haridwar both Units individually."
The CPIO/Central Drugs Standard Control Organization, vide letter dated 23.03.2023 replied as under:-
"This office had issued Certificate of Pharmaceutical Product (CoPP) to M/s Divya Pharmacy (Unit-II), Khasra No.210-11, Patanji Food & Herbal Park, Padartha, Laksar Road, Haridwar, U.K.-249404 of 06 ayurvedic drugs (i.e.
1. Arshkalp Vati 2. Avipatikar Churna 3. Chitrakadi Vati 4. Divya Churn 5. Triphala Guggulu 6. Udarkalp Churna) on 02.09.2019 having validity upto three years from the date of issue (subject to the validity of manufacturing License whichever is less). Subsequently additional COPPs was issued on dated 28.04.2020, 23.09.2020 & 05.11.2020 for 06 ayurvedic drugs (i.e. 1. Amla Churn(BPN) 2. Kanchnar Guggul (BR) 3. Kaishore Guggul (RTS&SPS-II)
4. Divya Amla Rasayan 5. Mulethi Churn a(BPN) 6. Shuddh Konch Beej Churna (BPN)), 04 ayurvedic drugs (i.e. 1. Divya Ashwagandha Ghanvati 2. Divya Tulsi Ghanvati 3. Divya Giloy Ghanvati 4. Divya Swasari Vati) & for 01 ayurvedic drug (i.e. 1. Divya Coronil Tablet) respectively having validity upto 01.09.2022.
This office has issued Certificate of Pharmaceutical Product (CoPP) on 12.02.2021 to M/s Divya Pharmacy (Unit-1), Plot No. A-1, Industrial Area, Haridwar, Uttarakhand -249401. India for 07 ayurvedic drugs 1. Divyavatari Churna 2. Divya Kanthamrit Vati 3. Gokshuradi Guggul 4. Triphala Churna 5. Haritaki Churna 6. Baheda Churna 7. Ashwagandha Churna having validity upto Three years from the date of issue (subject to the validity of manufacturing License whichever is less).
The same is also available in public domain CDSCO website www.cdsco.gov.in Further, Manufacturing License and the GMP certificates for ayurvedic, siddha & Unani drugs are issued by the respective State Licensing Authority appointed by the respective State Govt. as per the Provision for Drugs and Cosmetic Act 1940 & rules thereunder, Hence you may approach the same for the available information."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.03.2023. The FAA vide order dated 18.04.2023 stated as under:-
"This office had issued Certificate of Pharmaceutical Products (CoPPs) to M/s. Divya Pharmacy (Unit-II), Khasra No.210-11, Patanji Food & Herbal Page 2 of 4 Park, Padartha, Laksar Road, Haridwar, U.K. 249404 and M/s. Divya Pharmacy (Unit-I), Plot No. A-1, Industrial Area, Haridwar, Uttarakhand - 249401, India for ayurvedic drugs and the details for the same is also available on CDSCO official website at www.cdsco.gov.in.
Manufacturing License and the GMP Certificate for Ayurvedic, Siddha & Unani Drugs are issued by the respective State Licensing Authority appointed by the respective State Govt. under the provision for Drugs and Cosmetic Act 1940 & Rules made thereunder. Hence, you may approach the respective State Licensing Authority for the available information related to certify copies of manufacturing licenses etc."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO, RTI Cell, CDSCO, New Delhi vide letter dated 12.02.2024 wherein the replies available on record were reiterated.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: 1. Shri Ashok Kumar Yadav, FAA, CDSCO;
2. Dr Rachna Paliwal, HQ, CDSCO;
3. Shri Sunil Soni, HQ, CDSCO The Appellant remained absent during the hearing despite prior intimation. A written submission was received from the Appellant vide email dated 15.02.2024 wherein he stated that he would be unable to be present for the hearing and requested to decide the matter on merits/ as per available records.
Shri Ashok Kumar Yadav stated that information pertaining to the issued Certificate of Pharmaceutical Products (CoPPs) including the weblinks from where the certificates could be accessed was provided to the Appellant. However, Manufacturing License and the GMP Certificate for Ayurvedic, Siddha & Unani Drugs were issued by the respective State Licensing Authority appointed by the respective State Govt. under the provision for Drugs and Cosmetic Act 1940 & Rules made thereunder. Hence, the Appellant was requested to approach the respective State Licensing Authority for the available information related to certified copies of manufacturing licenses etc Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent as only such information that is held and available in the records of a public authority can be Page 3 of 4 provided. Hence, no further intervention of the Commission is required in the instant matter. For redressal of his grievance, the Appellant is advised to approach an appropriate forum.
With the above observation, the instant Second Appeals stand disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4