Drugs Inspector's Powers Continue Post-Transfer, No Fresh Notification Needed: Karnataka HC
New Delhi: The Karnataka High Court has clarified that once a Drugs Inspector is appointed through a government notification, their powers and authority continue even after transfer, and there is no need for a fresh notification each time they are assigned to a new jurisdiction.
The case was heard by Justice S Vishwajith Shetty of the Karnataka High Court.
The dispute began when the Assistant Drugs Controller, Gadag, filed a complaint alleging that Dr S C Nekar was operating a clinic without a drug license and dispensing allopathic medicines, supplied by Kadli Pharma, to patients. The prosecution argued this violated Section 18(a)(vi) of the Drugs and Cosmetics Act, 1940, attracting penalties under Section 27(d), reports Bangalore mirror.
Vishwanath Kadli, proprietor of Kadli Pharma, challenged the proceedings, claiming they were invalid because the Drugs Inspector who initiated action had been appointed for the Shivamogga Circle. Kadli argued that after the Inspector’s transfer to Gadag Circle, the absence of a new government notification rendered his actions unauthorized.
Authorities maintained that the Drugs Inspector’s powers under Section 21 of the Act are not limited by transfer and do not require re-notification. They asserted that the Inspector, once notified under Section 21(1), continues to be empowered in any subsequent jurisdiction.
Justice S Vishwajith Shetty observed that requiring notifications for every transfer would be “unreasonable, impracticable,” and contrary to administrative efficiency. The Judge clarified that Section 21 empowers an Inspector upon notification, and that authority persists across jurisdictions.
The court clarified that once an Inspector is appointed by Gazette notification as per Section 21(1), the powers and responsibilities given under Section 21(2) remain in effect even if the Inspector is transferred.
The Bangalore mirror reports that the judge noted, “Issuance of notification on every occasion when an Inspector is transferred is not at all practicable.”
The High Court dismissed Kadli’s petition, finding no illegality or irregularity in the proceedings. It affirmed the validity of the prosecution and upheld the Magistrate’s order to commit the case to the Sessions Court, ruling that the transfer of the Drugs Inspector did not invalidate the ongoing case.
