Legal Service Authority warns chemists against denying medicines in loose quantity to patients

Anantnag, Mar 1: The District Legal Service Authority (DLSA) Anantnag has issued a stern warning to chemists against refusing to sell medicines in loose quantities and forcing customers to purchase entire strips. The order was passed by Secretary DLSA Anantnag, Judicial Magistrate Muzamil Ahmad Wani, in response to an application alleging that certain chemists in the district were denying the sale of medicines in split quantities.

The applicant sought the forum’s intervention for enforcing prescribed guidelines in this regard.

“The forum, being a watchdog for the implementation of government schemes, takes this opportunity to circulate the relevant instructions issued by the State Drugs Controller, Drugs & Food Control Organization, to all chemists in the district for strict compliance. The Drug Enforcement Officer shall be assisted by PLVs (Para Legal Volunteers) wherever necessary to ensure smooth implementation,” the order read.

During the proceedings, the Drug Inspector provided a detailed response, and the concerned chemists were also heard. The DLSA observed that while a single instance might have been overlooked, the application raised a serious and sensitive issue requiring intervention.

“Drug licensing and distribution are regulated by proper authorities, and enforcement officers are responsible for monitoring the operations of chemists, including the sale and purchase of drugs,” the order said. It further said that denying medicines in loose quantities could deprive patients of necessary treatment, particularly those unable to afford an entire strip.

The applicant gave instances of various provisions of the Drugs and Cosmetics Act, 1940, and related circulars mandating compliance by all chemists operating in J&K.

One such notification, numbered 13855/20 and dated February 25, 2021, explicitly states that: “No manufacturer or distributor shall withhold or refuse to sell a drug to a dealer without valid reasons. No dealer shall withhold or refuse to sell a drug available with them to a customer intending to purchase it”. The DLSA reiterated the importance of strict adherence to these guidelines to prevent any disruption in the healthcare sector.

It directed all chemist shops to display the mandatory helpline number 104 (Toll-Free) prominently and ensure that drugs are sold strictly per prescriptions issued by registered medical practitioners. “This forum can only stress that these guidelines must be implemented in letter and spirit to prevent irreparable damage to the healthcare system and ensure no patient is deprived of essential treatment due to arbitrary actions by chemists,” the order concluded.