IN THE case filed under provisions of Drugs & Cosmetics Act 1940 and rules 1945, two accused namely Gian Kataria and A.C. Karthikeyan have been convicted by the Court of Chief Judicial Magistrate, Faridabad recently. They have been awarded with an imprisonment of five years each and a fine of Rs 11000/- each for manufacturing for sale and selling substandard and adulterated drug CPDA solution contained in a blood bag, meant for collection of blood. The CPDA solution (Citrate, Phosphate, Dextrose, and Adenine) is a drug responsible or required for storage of blood in a blood bag.
The sample was declared not of standard quality, and adulterated by Govt. Analyst, Haryana. A court case was launched against the accused in the court of CJM, Faridabad. The sample was also sent to the Central Drugs Laboratory, Calcutta for re-analysis by the Hon`ble Court as per request of the accused.
The sample was again declared as not of standard quality, and adulterated by the Director Central Drugs Laboratory, Calcutta. The sample was found to have containing less quantity of CPDA solution than the claim made by the manufacturer, and was found containing Bacterial Endotoxins more than the limit. So the lesser amount of CPDA solution, having bacterial endotoxins more than the limit, may cause hemolysis of blood, which if administered to any patient, may prove fatal - though it is also life-saving drug.
Gian Kataria was the proprieter of the firm M/s Insignia International, New Delhi, who had supplied the drug in question to the Blood Bank, B.K. Hospital, Faridabad through Haryana Aids Control Society. A.C. Karthikeyan was the Managing Director of the firm M/s Innvol medical India Ltd., Kunnam,
Chennai, which was the manufacturer of this drug CPDA Solution.
The court has commented that the accused has acted against the health of the general public which is not excusable.The court has further observed that every person has a right to live a happy and healthy life. However, the act of the accused by manufacturing and supplying adulterated CPDA drugs is not only condemnable - rather, for this act, the accused should be punished so severely that he could be a lesson for others in the society as he has tried to play with the health of the people.
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