Ashwani Singla was accused of being involved in selling a drug that was supposedly not up to standard. However, the court found several problems with how the case was handled and dismissed it.
Ashwani Singla, director of Curetech Formulations, was accused in a case involving a drug called Enteric Coated Rabeprazole and Domperidone Capsules. The drug was found to be "not of standard quality" by a Government Analyst, leading to legal action.
The complaint was filed by Pushparaj Kumar Singh, a Drug Inspector. It was claimed that the drug, made by M/s IBN Herbals, did not meet the required standards. The drug was tested and found lacking in July 2017, but the complaint was only filed in October 2020.
"The sample in question was not of standard quality since it did not confirm with the claim regarding the testing of Assay of Rabeprazole."
Ashwani Singla argued that the complaint was filed too late, after the drug's expiration date in April 2018. This delay prevented him from challenging the test results.
The court noted that the test report took about nine months to prepare, breaking the 60-day rule under Rule 45 of the Drugs and Cosmetics Rules.
Singla claimed he was not involved in the daily operations of IBN Herbals, which was part of Curetech Formulations. The court found no evidence to show he was responsible for the company's day-to-day activities.
"There is no statement in the complaint that the applicant was responsible or in charge of the conduct of the business."
Judge Urmila Joshi-Phalke dismissed the case, citing mistakes in the process and lack of evidence against Singla. The court stressed the importance of acting quickly and clearly assigning responsibility in such cases.
In summary, the court concluded that the case against Ashwani Singla should not continue due to procedural errors and insufficient evidence.
