Central Information Commission
Pranav Mundra vs Central Drugs Standard Control ... on 25 February, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CDSHQ/A/2024/600767
Shri Pranav Mundra ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Central Drugs Standard Control Organization,
HQ, New Delhi
Date of Hearing : 20.02.2025
Date of Decision : 20.02.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 24.08.2023
PIO replied on : 14.09.2023
First Appeal filed on : 18.09.2023
First Appellate Order on : 10.10.2023
2ndAppeal/complaint received on : 04.01.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 24.08.2023 seeking information on following points:-
1. Who is eligible to apply for import licence under Rule 24 of the Drugs Rules?
2. What is the procedure for obtaining import licence under Rule 24 of the Drugs Rules, 1945?
3. What is the timeline to issue import licence?
4. How many imports licence can be issued on one Registration Certificate?"
The CPIO, Central Drugs Standard Control Organization, HQ, New Delhi vide letter dated 14.09.2023 replied as under:-
"Reply: Point 1 to 4:
The application for an import licence shall be made to the Licensing Authority in Form 8 for drugs excluding those specified in Schedule X, and in Form 8A for drugs specified in Schedule X, either by the manufacturer himself having a valid wholesale licence for sale or distribution of drugs under these Rules, or by the manufacturer-s agent in India either having a valid licence under the Rules to manufacture for sale of a drug or having a valid wholesale licence for sale or distribution of drugs under these Rules, and shall be Page 1 accompanied by a licence fee of ten thousand rupees for a single drug and an additional fee at the rate of one thousand rupees for each additional drug and by an undertaking in Form 9 duly signed by or on behalf of the manufacturer Further, the applicant is required to submit the application as per check list available at https://cdscoonline.gov.in/CDSCO/Industry through SUGAM portal.
The details of Registration Certificate and Import License granted by Import and Registration Division are available on CDSCO website at https://cdscoonline.gov.in/CDSCO/Industry It is informed that the Import & Registration licenses are granted under the provisions of Drugs and Cosmetics Act, 1940 and Rules thereunder."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.09.2023. The FAA vide order dated 10.10.2023 stated as under:-
Point 1 to 4:
Import of Drugs is regulated as per various provisions of Drugs and Cosmetics Act, 1940 and Rules made thereunder. Specifically, you may refer the Part IV of Drugs Rules, 1945 for various provisions with respect to "Import and Registration" and various OM/ Notification/Rules etc. are also available on CDSCO official website at: www.cdsco.gov.in.
Further, Clarification/interpretation /opinion does not come under the definition of "Information" under section 2(f) of the RTI Act, 2005."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 11.02.2025 has been received from the CPIO and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
Appellant: Present in person.
Respondent: Mr. Ashish Kumar, Mr. Sandeep Goswami, Mr. Ashok Yadav, ADC-I, Mr. Mahesh Kumar- participated in the hearing.
The Appellant stated that the relevant information has not been furnished to him till date. He further requested to direct the PIO to furnish complete information.
The Respondent reiterated the averments made in their written submission and stated that the Import of Drugs is regulated as per various provisions of Drugs and Cosmetics Act, 1940 and Rules made thereunder. They further stated that the Appellant has sought clarification and interpretation of rules/laws. They averred that the Appellant can refer the Part IV of Drugs Page 2 Rules, 1945 for various provisions with respect to "Import and Registration", which is available on CDSCO official website at: www.cdsco.gov.in.
Decision:
Keeping in view the facts of the case and the submissions made during hearing, 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. Commission notes that giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO. Hence, no further intervention of the Commission is required in the instant matter.
Appeal is 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 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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