The Supreme Court, on Wednesday, February 14, set aside a two-year imprisonment sentence imposed on a doctor for storing a "small quantity" of certain allopathic medicines at his clinic without requisite licenses. The bench of Justices BR Gavai and Sanjay Karol limited the doctor's sentence to the payment of a Rs 1 lakh fine as the seized medicines were of a small quantity under the Drugs and Cosmetics Act, 1940. "Non-disclosure of the name of the manufacturer/person from whom the said medicines were acquired, cannot be said to be endangering public interest (which obviously, is the primary object of the prohibition in law) by allowing the circulation of such substances unauthorizedly ... imposing a sentence of imprisonment would be unjustified, particularly when the intent to sell/distribute under Section 18(c) of the Act has been held unproven," the bench stated.
SC on Stocking Medicines
Doctor stocking small amount of medicines without disclosing source does not endanger public: Supreme Court
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— Bar & Bench (@barandbench) February 16, 2024
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