Thread by @LiveLawIndia

Drug Manufacturer Can't Be Held Liable For Not Meeting Standards Prescribed After Date Of Manufacture: Bombay High Court @AmishaShriv #BombayHighCourt livelaw.in/news-updates/b…

@AmishaShriv In this case the gazette is dated 6th October, 2005 by which standard is prescribed for the first time and thus in no case it can be said that it has retrospective operation. Admittedly the drug is manufactured on 01.10.2004 and that fact is not disputed:
#BombayHighCourt

@AmishaShriv Thus, no person shall be made to face prosecution for manufacturing a drug prior to prescribing certain standard. Hence, prosecuting the petitioner (drug manufacturer) for manufacturing such drug would clearly be an abuse of process of law: #BombayHighCourt

@AmishaShriv Thus, at least when the drug was manufactured, there was no standard prescribed by the State of Maharashtra for the said drug and certainly therefore manufacturer cannot be held responsible: #BombayHighCourt

@AmishaShriv Petitioner is right in submitting that after manufacturing of the drug, it went through a chain of distributor, whole-seller, retailer etc. Respondent has not come up with a case that the petitioner had any control over the drugs after it was circulated in the market: #BombayHC

@AmishaShriv Further, submission of the prosecution that prior to lodging the complaint notice was given by the Government to withdraw the drug from the market... #BombayHighCourt

@AmishaShriv ....However, for this charge, the petitioner cannot be made liable for such action as in 2004 itself the drug was sent to the distributor. It was for the distributor to act upon such a notice: #BombayHighCourt