DOLO-65O makers spent Rs 1,000 crore as 'freebies' for doctors to prescribe it

News Network
August 18, 2022

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New Delhi, Aug 18: The Supreme Court on Thursday asked the Centre to file its response within 10 days on a PIL seeking directions to make pharmaceutical companies liable for giving freebies to doctors as an incentive to prescribe their drugs.

A bench of Justice DY Chandrachud and Justice AS Bopanna was informed that makers of Dolo-650 mg tablet had invested Rs 1,000 crore in freebies to have its anti-fever drug prescribed to patients.

The Central Board for Direct Taxes has accused makers of the Dolo-650 tablet of distributing freebies worth Rs 1,000 crore to doctors as consideration for prescribing the tablet, said senior advocate Sanjay Parikh, appearing for the Federation of Medical and Sales Representatives Association of India.

Justice DY Chandrachud remarked that it is a "serious issue" and said that even he has been prescribed the same tablet during COVID.

"This is not music to my ears. I was also asked to have the same when I had COVID. This is a serious issue and matter," Justice Chandrachud said.

Additional Solicitor General KM Nataraj, appearing for the Centre, said that affidavit is almost ready and it will be filed.

The apex court then asked the Central government to file a reply within 10 days on the plea alleging unethical marketing practices by pharmaceutical companies in their dealings with healthcare professionals resulting in the prescription of excessive or irrational drugs and a push for high-cost or over-priced brands.

Earlier, the bench had issued notice to the Centre on the petition but it has not filed a response yet.

The plea claimed that there are abundant examples that show how corruption in the pharmaceutical sector endangers positive health outcomes and puts patients' health at risk.

There are abundant examples that show how corruption in the pharmaceutical sector endangers positive health outcomes and puts patients' health at risk, the petition has said.

The petition added that as violations of this kind have become a recurring phenomenon and are progressively becoming more pervasive, a Statutory Code of ethical marketing for the pharmaceutical industry, with penal consequences, be established to curb such practices for the enforcement of the Fundamental Right to Health of the people of India.

The petition also said that due to the voluntary nature of the existing Code, unethical practices continue to increase and have also surfaced during the COVID-19 times.

Hence, the petition urged to issue direction to give the Uniform Code of Pharmaceutical Marketing Practices a statutory basis and make it effective by providing a monitoring mechanism, transparency, accountability as well as consequences of violations.

The petition has urged to direct that till an effective law is enacted as prayed above, this court may lay down the guidelines to control and regulate unethical marketing practices by pharmaceutical companies or in the alternative make the existing Code binding with such modifications/additions as the court may find proper and reasonable, which should be followed by all the authorities/courts under Articles 32, 141, 142 and 144 of the Constitution.

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News Network
April 11,2024

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BJP MLA Arabail Shivaram Hebbar’s son Vivek Hebbar on Thursday, 11 April, joined the Congress party along with his supporters at Banavasi in Uttara Kannada district.

After quitting the BJP, Vivek Hebbar joined the party in the presence of state Congress vice president and former MLC Ivan D’Souza and other local party leaders.

Speculations have been rife about his father Shivaram Hebbar, an MLA from the Yellapur Assembly segment, also planning to join the Congress, ever since he did not turn up for voting during the polls to four seats of the Rajya Sabha from Karnataka held on 27 February.

The senior Hebbar’s absence from voting, despite a party whip, had caused embarrassment to the BJP. He had, however, later attributed his absence to poor health.

The BJP had also issued notice to him, which he responded to.

Shivaram Hebbar had recently met Deputy Chief Minister and state Congress chief DK Shivakumar but claimed that the meeting was about water issues in his Assembly segment.

The senior BJP leader was earlier with the Congress. He was among 17 Congress-JD(S) legislators, who had quit from their parties, which ultimately led to the collapse of the then HD Kumaraswamy-led coalition government in July 2019.

Shivaram Hebbar had subsequently won the by-poll on a BJP ticket and served as a minister in the then government of the saffron party.

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News Network
April 11,2024

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The number of Palestinians arrested by Israeli military forces in the occupied West Bank has surged to 8,165 since October 7, when Israel launched its relentless offensive against Palestinians in the Gaza Strip.

The Palestinian Prisoners Society and the Commission of Detainees and ex-Detainees in a joint statement on Tuesday said that over the past 24 hours, Israeli forces had arrested 20 Palestinians across the West bank.

The statement said that most of the arrests took place in Tulkarm, with additional arrests scattered across other cities, towns and refugee camps in the West Bank such as Beit Lahm, al-Khalil, Ramallah, Nablus, Tubas, and al-Quds.

The arrests were made amidst reports of widespread abuse, severe beatings, threats against detainees and their families, and extensive vandalism in citizens' homes and prisoners' residences in the Israeli prisons.

In the aftermath of the al-Aqsa Storm, over 8,165 arrests were made in the West Bank, with individuals including children being detained from their homes, at military checkpoints, coerced into surrendering, and even taken hostage, the statement revealed.

These figures do not include the thousands of adults and children the Israeli army has detained, tortured and interrogated in makeshift prisons across Gaza, outside any legal or civilian oversight.

Conditions for Palestinian prisoners in Israeli jails have allegedly worsened considerably, with detainees experiencing extreme overcrowding and limited access to essential rights, including food, water, electricity, medical care, family visits, and legal assistance.

Palestinian prisoner groups have repeatedly reported that Palestinians in Israeli prisons are being denied medical care, which pushes those jailed to the brink of death.

At least 10 Palestinians have died in Israeli prisons since Israel’s war on Gaza began, according to Palestinian news agency WAFA. But an investigation by Israeli daily Haaretz revealed that the number was actually at least 27. Rights groups put the number even higher.

Israel has intensified its attacks against Palestinians throughout the West Bank since October 7, when it launched a devastating war on the besieged Gaza Strip.

Since then, the Israeli forces and settlers have killed at least 459 Palestinians from the West Bank, with over 4,750 others sustaining injuries.

In the span of the past six months, at least 33,482 Palestinians, mostly women and children, have been killed in Gaza. The relentless violence has also resulted in the mass displacement of the 2.3 million people inhabitants of the Gaza Strip.

Concerns have been raised regarding the fate of those who have gone missing, as they may be trapped beneath the rubble or confined within makeshift Israeli prisons.

The significant number of Palestinian detainees remaining in Israeli prisons is a crucial role in truce negotiations between Palestinian resistance group Hamas and Israel.

About 130 of the 250 Israeli captives taken during Operation Al-Aqsa Storm are still in Gaza after a provisional truce deal in December saw the exchange of a number of prisoners between the two sides.

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News Network
April 17,2024

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New Delhi: Searches conducted by the Enforcement Directorate (ED) under the anti-money laundering law rose by 86 times while arrests and attachment of assets jumped by around 25 times in the ten years since 2014 compared to the preceding nine-year period, according to official data.

An analysis of the data by PTI for the last ten years, between April 2014 and March 2024, against the nine years from July 2005 to March 2014 presents a picture of the federal agency's "intensified" action under various sections of the Prevention of Money Laundering Act (PMLA).

The PMLA was enacted in 2002 and implemented from July 1, 2005, to check serious crimes of tax evasion, generation of black money and money laundering.

While the opposition parties have alleged that the ED's action during the last decade was part of the BJP-led central government's "oppressive" tactics against its rivals and others, the Union government and the ruling party have asserted that the agency is independent and its investigations were purely based on merit and under the mandate to act against the corrupt.

The ED booked as many as 5,155 PMLA cases during the last ten years as compared to a total of 1,797 complaints or Enforcement Case Information Reports (ECIRs or FIRs) filed during the preceding period (2005-14), a jump of about three times, the data said.

The data shows that the agency also got its first conviction starting the 2014 fiscal and it has, till now, got 63 persons punished under the anti-money laundering law.

The ED conducted 7,264 searches or raids in money laundering cases across the country during the 2014-2024 period as compared to just 84 in the preceding period - a jump of 86 times.

It also arrested a total of 755 people during the last decade and attached assets worth Rs 1,21,618 crore as compared to 29 arrests and Rs 5,086.43 crore worth of attachments respectively during the last compared period, the data stated.

The arrests are 26 times more, while figures related to the attachment of properties are 24 times higher.

The agency issued 1,971 provisional attachment orders for various types of immovable and movable assets during the last decade as compared to 311 such orders taken out in the preceding comparable period.

It got about 84 per cent of the attachment orders confirmed from the Adjudicating Authority of the PMLA during 2014-24 as compared to 68 per cent confirmations from the same authority during the last compared period.

The filing of charge sheets also saw a jump of 12 times in the last decade with 1,281 prosecution complaints filed by it before courts as against 102 during the preceding period.

The data said the ED secured conviction orders in 36 cases from various courts leading to the prosecution of 63 persons and a total of 73 charge sheets were disposed of during the last decade.

No conviction was obtained by the agency nor any charge sheet was disposed of under the anti-money laundering law during the 2005-14 period, according to the statistics.

The agency also got the court's permission to confiscate assets (attached as proceeds of crime under the PMLA) worth Rs 15,710.96 crore and it also restituted properties (including bank funds) of Rs 16,404.19 crore (out of the total amount under confiscation) during the last decade.

As there were no convictions during the preceding nine-year period, no confiscation of assets and resultant restitution could take place, as per the data.

The ED is also empowered to seize cash under the PMLA and the data said the agency froze more than Rs 2,310 crore worth of Indian and foreign currency during the last ten years as compared to a figure of Rs 43 lakh during the preceding period.

The agency also got notified a total of 24 Interpol red notices for apprehension of various accused who left India and hid in foreign shores and sent 43 extradition requests during 2014-24.

No such action was taken by the agency during the preceding period.

Four persons were extradited to India during the last ten-year time period while similar orders were secured against businessmen Vijay Mallya, Nirav Modi and Sanjay Bhandari. The three are based in the UK and the ED is trying to bring them back to the country as all the accused are contesting the orders issued against them.

"These statistics reflect the intensive drive that the ED has undertaken to check money laundering crimes," an agency official said.

The ED investigates financial crimes under two criminal laws -- the Prevention of Money Laundering Act (PMLA) and the Fugitive Economic Offenders Act (FEOA) -- apart from the civil provisions of the Foreign Exchange Management Act (FEMA).

The FEOA was enacted by the Narendra Modi government in 2018 to cripple those who are charged with high-value economic frauds and abscond from the country to evade the law.

The ED, as per the data, filed a total of 19 such applications before the designated special PMLA courts in the country following which 12 persons have been declared fugitive economic offenders.

It also confiscated assets worth Rs 906 crore under the said law by the end of the last fiscal on March 31.

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