Can a business process outsourcing (BPO) service provider be held criminally liable for the content of information transmitted over the Internet?
This question was raised before the Supreme Court on Monday by an IIT graduate lodged in a jail under the draconian Narcotics Drugs and Psychotropic Substances (NDPS) Act for allegedly dealing in banned drugs.
Sanjay Kumar Kedia's offence was that his BPO had, on behalf of a US-based caller, placed an order for a banned drug with a seller located in America. If convicted, he faces a minimum 10-year imprisonment. A bench headed by Justice S.B. Sinha posted Kedia's bail plea for hearing next week.
Kedia, a US-returned software expert, started his BPO in Kolkata after developing software for pharmaceutical applications. The typical transaction involved a call from a US-based patient wanting to procure a medicine. Kedia's BPO used to immediately access the Internet to locate the pharmaceutical suppliers in the same area as that of the caller and place the order.
The BPO processed thousands of requests after charging the caller through his or her credit card for the service. One of the drugs ordered through the call centre was Phentermine, which also has a psychotropic substance in it. At the request of the US drug enforcement administration, the NCB searched Kedia's premises in Kolkata and charged him under the NDPS Act. However, it failed to recover the contraband. NCB officials simply seized the computers and hard disk from Kedia's office.
After the Kolkata high court rejected his bail application stating the charges were serious, Kedia moved the Supreme Court. In his appeal, Kedia argued that his company was simply an Internet service provider or an intermediary and was protected by the Information Technology Act. "Under section 79 of the Act an intermediary cannot be held liable for the contents of a transaction," Kedia's petition states.
He has also claimed benefit of the American law that, according to him, does not permit a website operator to be prosecuted as it is likely to cripple the BPO industry. His second defence is that
Phentermine is not listed as a scheduled drug under the NDPS Act and, therefore, a case cannot be registered under it.
Notice to Jogi
The Supreme Court issued notice to former Chief Minister Ajit Jogi on a petition filed by the Chattisgarh Government on the alleged fradulent caste certificate being held by him for his Scheduled Tribe status.
A bench of Justices B N Aggrawal and P P Naolekar issued the notice on a batch of special leave petitions filed by the Chattisgarh Government and certain other individuals challenging the clean chit given to Jogi by the state High Court on December 15, last year. The SLPs submitted that the High Court passed the order in favour of Jogi without properly examining the evidence on record.
Sunday, August 12, 2007
About Phentermine
Posted by Pharma advisor at 12:30 AM 0 comments
Monday, May 14, 2007
Generic Name: Phentermine Capsules and Tablets (FEN-ter-meen)Brand Name: Examples include Adipex P and Pro-Fast SA
Phentermine is used for:Reducing weight in obese patients when used short-term and combined with exercise, diet, and behavioral modification.
Phentermine is an appetite suppressant. It works by helping to release certain chemicals in the brain that control appetite.
Do NOT use Phentermine if:you are allergic to any ingredient in Phentermine or other sympathomimetics (eg, pseudoephedrine) you are taking dexfenfluramine, fenfluramine, furazolidone, guanadrel, guanethidine, or have taken a monoamine oxidase inhibitor (MAOI) (eg, phenelzine) in the last 14 days you have moderate to severe high blood pressure, an overactive thyroid, glaucoma, heart or blood vessel disease, or severe narrowing of the blood vessels you are in an agitated state, or have a history of substance abuse Contact your doctor or health care provider right away if any of these apply to you.
Before using Phentermine :Some medical conditions may interact with Phentermine . Tell your doctor or pharmacist if you have any medical conditions, especially if any of the following apply to you:
if you are pregnant, planning to become pregnant, or are breast-feeding if you are taking any prescription or nonprescription medicine, herbal preparation, or dietary supplement if you have allergies to medicines, foods, or other substances if you have a brain or spinal cord disorder, hardening of the arteries, high blood pressure, diabetes, or high cholesterol or lipid levels Some MEDICINES MAY INTERACT with Phentermine . Tell your health care provider if you are taking any other medicines, especially any of the following:
Dexfenfluramine, fenfluramine, furazolidone, or MAOIs (eg, phenelzine) because the risk of serious side effects, such as increasing headache, high blood pressure, slow heart rate, elevated temperature, or possibly fatal lung problems, may be increased Serotonin specific reuptake inhibitors (eg, fluoxetine) because the risk of their side effects may be increased by Phentermine Guanadrel or guanethidine because their effectiveness may be decreased by Phentermine Ask your health care provider if Phentermine may interact with other medicines that you take. Check with your health care provider before you start, stop, or change the dose of any medicine.
How to use Phentermine :Use Phentermine as directed by your doctor. Check the label on the medicine for exact dosing instructions.
Take Phentermine about 30 minutes before a meal. Take your last dose of Phentermine at least 4 to 6 hours before bedtime. If you are taking Phentermine 1 time a day, take your dose in the morning. If you miss a dose of Phentermine , take it as soon as possible. If it is after 12 pm and you are taking Phentermine 1 time a day, or after 4 pm and you are taking it more than 1 time a day, skip the missed dose and go back to your regular dosing schedule. Do not take 2 doses at once. Ask your health care provider any questions you may have about how to use Phentermine .
Important safety information:Phentermine may cause dizziness. These effects may be worse if you take it with alcohol or certain medicines. Use Phentermine with caution. Do not drive or perform other possibly unsafe tasks until you know how you react to it. Do NOT take more than the recommended dose or use for longer than prescribed without checking with your doctor. Doing so may increase the risk of serious side effects. Tell your doctor or dentist that you take Phentermine before you receive any medical or dental care, emergency care, or surgery. Before you have any medical or dental treatments, emergency care, or surgery, tell your doctor or dentist that you are using Phentermine . Avoid drinking alcohol with Phentermine . Diabetes patients-Phentermine may affect your blood sugar. Check blood sugar levels closely. Ask your doctor before you change the dose of your diabetes medicine. Phentermine is not recommended for use in CHILDREN younger than 12 years old; safety and effectiveness in this age group have not been confirmed. PREGNANCY and BREAST-FEEDING: If you become pregnant, contact your doctor. You will need to discuss the benefits and risks of using Phentermine while you are pregnant. It is not known if Phentermine is found in breast milk. Do not breast-feed while taking Phentermine . After you have taken Phentermine for a few weeks, it will usually not work as well as when you began taking it. This is known at TOLERANCE. Talk with your doctor if Phentermine stops working well. Do not take more medicine than prescribed.
Some people who use Phentermine for a long time may develop a need to continue taking it. People who take high doses are also at risk. This is known as DEPENDENCE or addiction. If you stop taking Phentermine suddenly, you may have WITHDRAWAL symptoms. These may include extreme tiredness, mental depression, trouble sleeping, irritability, or mental, mood, or personality changes.
Possible side effects of Phentermine :All medicines may cause side effects, but many people have no, or minor, side effects. Check with your doctor if any of these most COMMON side effects persist or become bothersome:
Bad taste in mouth; changes in sex drive; constipation; diarrhea; difficulty sleeping; dizziness; dry mouth; exaggerated sense of well being; headache; impotence; nervousness; overstimulation; restlessness; sleeplessness; upset stomach.
Seek medical attention right away if any of these SEVERE side effects occur: Severe allergic reactions (rash; hives; itching; difficulty breathing; tightness in the chest; swelling of the mouth, face, lips, or tongue); bizarre behavior; chest pain; fainting; fast heartbeat; pounding in the chest; shortness of breath; swelling of the legs and feet; tremor.
Posted by Pharma advisor at 10:19 PM 2 comments