P&H: Drug Sample: Proceeding confined to a request for re-testing of sample cannot be treated as a prosecution of manufacturer.
The Punjab and Haryana High Court has held that a drug sample may be sent to the Central Drugs Laboratory for re-analysis before a formal complaint is filed. Justice Manisha Batra dismissed a pharmaceutical company’s challenge to an order allowing the re-testing of a sample of Loperamide Hydrochloride tablets.
The case arose after a Government Analyst reported that the tablets contained 0.95 mg of the drug per tablet, against the claimed 2 mg. Unisharp Organics disputed the report, saying it was incomplete, did not follow the pharmacopoeial testing method and had been issued late. It also submitted reports from other...