Doctor Can't Be Punished Under Drugs & Cosmetics Act For Storing Small Quantities Of Medicines : Supreme Court
17-Mar-23 05:00:01

The Supreme Court has held that a doctor's act of storing small quantities of medicines will not amount to an offence of unauthorized stocking of medicines will not amount to an offence of unauthorized stocking of medicines under Section 18(c) of the Drugs and Cosmetics Act 1940.

"When small quantity of medicine has been found in the premises of a registered medical practitioner, it would not amount to selling their medicines across the counter in an open shop", observed a bench comprising Justices Krishan Murari and Sudhanshu Dhulia while quashing the criminal proceedings against a Tamil Nadu-based doctor under the Drugs and Cosmetics Act 1940.
The bench noted that the quantity of medicines which was allegedly seized from the premises of the petitioner was extremely small, a quantity which can be easily found in the house or a consultation room of a doctor.

SOURCE & CREDIT: LIVE LAW