Chennai, Jan 10 (UNI) The Madras High Court today declined to ban the manufacture and sale of Nimesulide drug, prescribed for viral fever, on the ground that the court could not deliberate on the issue under Article 226 of the Constitution.
A Division Bench, comprising Justices S J Mukhopadhaya and K Suguna, held that it was not possible for the court to determine whether Nimesulide was toxic, harmful or its general use on patients would affect the kidneys or liver of a person. It could be determined only by experts having knowledge of pharmacology and Medicine, they observed.
In its writ petition, the Tamil Nadu Health Development Forum, an NGO, contended that Nimesulide, being manufactured and marketed all over the country for treatment of fever, though it was not an 'anti-pyreitic', was harmful to the liver and kidneys.
The petitoner submitted that the said drug had not been approved for use even by adults in the US, the UK, Canada, Australia and other developed countries. It was banned in Finland, Spain, Turkey and Bangladesh.
The respondents -- Union Government and Drug Controller of India -- maintained that no drug was totally safe and could cause adverse reaction, if not used in proper dosage. Nimesulide was a non-steroidal, anti-inflammatory drug (NSAID) like any other NSAID such as Ibuprofen, Dicofenac and Paracetamol.
They also submitted that the ban in countries such as Finland, Spain, Turkey and Bangladesh was lifted later.
Accepting the respondents' contention, the Bench dismissed the petition.
UNI XR GD SBC RAI2107