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Current Affairs 2nd Sep 2024 for UPSC Prelims Exam

Rule 170 of Drugs & Cosmetics Act (1940)

Context: The Supreme Court while hearing a case against Patanjali Ayurved has raised questions regarding AYUSH ministry’s notification asking state licensing authorities “not to take any action under” Rule 170 of the Drugs and Cosmetics Act.

What is Rule 170 ?

  • It was introduced in 2018,  to prevent misleading advertisements of AYUSH products.
  • Features:
    • It prohibits AYUSH drug manufacturers from advertising their products without approval and allotment of a unique identification number from the state licensing authority.
    • Necessary details for licence:
      • Textual references and rationale for the medicine from authoritative books.
      • Indication for use,
      • Evidence of safety, effectiveness, and quality of drugs.
    • The rule states that the application will be rejected;
      • If the manufacturer does not provide their contact details
      • If the contents of the advertisement are obscene or vulgar
      • He makes misleading or exaggerated claims about the drug

About Drugs & Cosmetics Act (1940)

  • It regulates the import, manufacture, distribution, and sale of drugs and cosmetics in India.
  • Aim:
    • Prevent the production of substandard or counterfeit drugs and cosmetics
    • Ensure that only qualified people sell, distribute, and manufacture drugs and cosmetics
    • Hold pharmaceutical companies and medical technology companies liable for substandard services and negligence
    • Prevent adulteration in medicines.
The Ayurvedic, Siddha and Unani Drugs Technical Advisory Board (ASUDTAB)
  • Establishment: Under The Drugs and Cosmetics Act of 1940.
  • Nodal Ministry: Ministry of AYUSH
  • Role: It advises the central and state governments on technical matters, and sets standards for Ayurvedic, Siddha, and Unani (ASU) drugs.

Q-Commerce

Context: According to Global brokerages estimate, India’s quick commerce market will be worth $6 billion by 2025.

What is Quick- Commerce ?

  • It is a unique business model where the delivery of goods and services is done within 10-30 minutes of ordering.
    • g. Blinkit, Zepto, Swiggy Instamart etc.
  • Components of Q-Commerce:
    • Technology: Uses AI and machine learning for predicting demand, real-time inventory tracking, and route optimization for fast deliveries.
    • Logistics: Requires Dark stores and a network of couriers for speedy delivery.
    • Supply Chain Management: Needs reliable suppliers, efficient inventory restocking, and smooth coordination to prevent delays.
    • Customer Interface: User-friendly apps and websites which allows customers to place orders quickly and track their deliveries in real-time.

Current Affairs 2nd Sep 2024 for UPSC Prelims Exam_4.1

 

Related Terms
  • E-commerce: It refers to the online purchase or sale of a good or service, which can take 3-4 or longer days to deliver.
  • Dark Stores: They are warehouses situated near order locations which can operate 24/7, 365 Days.

Deception Detection Tests

Context: Recently Central Bureau of Investigation (CBI) conducted a second round of polygraph tests on seven people, in connection with the rape and murder of a resident doctor at the R.G. Kar Medical College and Hospital in Kolkata.

About Deception Detection Tests (DDT)

  • DDTs are scientific methods used to find out if someone is lying during interrogation.
  • These tests include narco-analysis, polygraph tests, and brain mapping.
    • Polygraph Test:
      • In this process physiological responses such as heart rate, blood pressure, breathing, and sweat are measured.
      • Sensors are attached to the body to monitor these responses while the person answers questions.
      • Changes in these responses are used to determine if the person is lying.
    • Narco Analysis Test:
      • It is a diagnostic technique that involves injecting Sodium pentothal (also referred as truth serum) into an accused person to induce a hypnotic state.
    • Brain Mapping Test:
      • Electrodes are attached to the scalp using a cap.
      • Then the suspect is shown images or played sounds.
      • The sensors track electrical activity in the brain and detect specific waves that appear only if the suspect has a connection to the stimuli.
Legality of DDTs in India
  • Before 2010, Indian courts supported use of DDTs in investigations without requiring consent of the accused.
  • In Selvi v. State of Karnataka (2010), the Supreme Court held that these tests could only be conducted with the consent of the accused, citing the right against self-incrimination under Article 20(3) of the Constitution.
    • Article 20(3): No one can be forced to give witness against themselves.
  • The results of DDTs are not admissible as primary evidence in court. However the results can be used to support other evidence or to help obtain admissible evidence.

Rulings of SC on Various sections of PMLA &  CrPC

Context: The Supreme Court in its recent decisions has highlighted the rights of people regarding arrest and bail, particularly in money laundering cases.

Recent Rulings of Supreme Court

 Various Sections Rulings of Supreme Court
Section-19 of PMLA

  • Gives Power of Arrest to Enforcement Directorate.
  • SC in Vijay Madanlal Choudhary v. Union of India (2022) ruled that the ED is not required to provide a copy of the Enforcement Case Information Report (similar to an FIR) to the accused, but only needs to inform them of the reasons for their arrest.
  • SC in Pankaj Bansal v. Union of India (2023), ruled that the accused have a fundamental right under Article 20, to be informed of the grounds of their arrest.
    • It clarified that the grounds of arrest must always be given in writing, without exception.
    • Failure to provide written grounds would render the arrest illegal and invalid.
Section-50 of PMLA:

  • Empowers the ED to summon individuals and require them to make statements during investigations.
  • SC in Vijay Madanlal Choudhary v. Union of India (2022) ruled that this provision does not violate the right against self-incrimination {Article 20(3)}of the Constitution.
    • However, under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023), confessions made to police officers are not admissible as evidence during a trial.
Section-45 of PMLA:

  • Twin Conditions of Bail
  • SC in Delhi excise policy case held that these conditions can be “relaxed”;
    • if the accused has undergone a long period of incarceration without commencement of trial.
Section 436A of Code of Criminal Procedure (CrPC) 1973

  • states that if a person has been detained for up to half the maximum period of imprisonment for that offence while the trial or investigation is underway, they shall be released on bail
  • SC in Vijay Madanlal Choudhary v. Union of India (2022), extended this provision to apply to cases under the PMLA.

 

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