9911796707
TMI Blog2023 (3) TMI 1397X X X X Extracts X X X X X X X X Extracts X X X X ..... uties. The Appellant, in her individual and independent capacity was carrying on her medical practice at a premises which is No. 87, Red Hills Road (North), Villivakkam, at Chennai. It is here that she could be consulted and where she meets and examines her patients. 3. An inspection was made on the above premises by the Drugs Inspector, Villivakkam Range on 16.03.2016. As per inspection report, the Drugs Inspector found the following medicines in the inner room of her premises. S No. Name of Drug Quantity M.R.P (Rs.) 1. Denidol Lotion 50ml 1 No. 198.50 2. Salico Lotion 30ml 4 Nos. 75/30 ml. 3. ACN Gel 20 gms 1 No. 98/20gms 4. Tebir Gel 10 gms 9 Nos. 47.90/10gms 5. SoltopS.6% Lotion (30ml) 4 Nos. 125/30ml 6. Mycotin Cream 15 gms 3 Nos. 115/15gms 7. Mopry 2% Ointment 4 Nos. 75.60/5gms 8. MomtopS Ointment (10gms) 1 No. 145/10gms 9. ESM Cream (10gms) 4 Nos. 76/10gms 10. NuWhitified Ointment (20gms) 7 Nos. 40/20gms 11. Momesone Cream (15gms) 3 Nos. 82/15gms 12. Sudif Cream (10gms) 4 Nos. 99/10gms 13. CAP Gel (15gms) 1 No. 156/15gms 14. Kenozole Cream (30gms) 2 Nos. 130/30gms 15. SoltopS 3% Oin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (c) [manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or distribute any drug [or cosmetic], except under, and in accordance with the conditions of, a licence issued for such purpose under this Chapter: Provided that nothing in this Section shall apply to the manufacture, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis: Provided further that the [Central Government] may, after consultation with the Board, by notification in the Official Gazette, permit, subject to any conditions specified in the notification, the [manufacture for sale or for distribution, sale, stocking or exhibiting or offering for sale] or distribution of any drug or class of drugs not being of standard quality. The punishment for contravention of Section 18(c) is provided Under Section 27(b)(ii) which reads as follows: 27. Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter-- Whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes-- (a) xxxxxxxxxxxxxxxxxx (b) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 referred above, which are penal provisions), under certain conditions Rule 123 reads as under: "123. The drugs specified in Schedule K shall be exempted from the provisions of Chapter IV of the Act and the Rules made thereunder to the extent and subject to the conditions specified in that Schedule." Entry No. 5 under Schedule (K) are the drugs which are supplied by a registered medical practitioner with which we are presently concerned. The relevant provision of Schedule (K) reads as under: Schedule K (See Rule 123) Class of Drugs Extent and Conditions of Exemptions 1.xxxxxxxxxxxx xxxxxxxxxxxxxxxxx 2. xxxxxxxxxxx xxxxxxxxxxxxxxxxx 3. xxxxxxxxxxx xxxxxxxxxxxxxxxxx 4. xxxxxxxxxxx xxxxxxxxxxxxxxxxx 5. Drugs supplied by a registered medical practitioner to his own patient or any drug specified in Schedule C supplied by a registered medical practitioner at the request of another such practitioner if it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsp; is for external application, it shall be labelled with the words [***] "For external use only" ― or, if it is for internal use with the dose; c. the name of the medicine or ingredients of the preparation and the quantities thereof, the dose prescribed, the name of the patient & the date of supply and the name of the person who gave the prescription shall be entered at the time of supply in register to be maintained for the purpose; d. the entry in the register shall be given a number and that number shall be entered on the label of the container; e. the register and the prescription, if any, on which the medicines are issued shall be preserved for not less than two years from the date of the last entry in the register or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these provisions and such a registered medical practitioner should not have been allowed to face a trial where in all likelihood the prosecution would have failed to prove its case beyond reasonable doubt. The learned single judge while dismissing the application Under Section 482 Code of Criminal Procedure of the Appellant has relied upon a decision of this Court: "9. It is too late in the day to seek reference to any authority for the proposition that while invoking the power Under Section 482 Code of Criminal Procedure for quashing a complaint or a charge, the Court should not embark upon an enquiry into the validity of the evidence available. All that the Court should see is as to whether there are allegations in the complaint which form the basis for the ingredients that constitute certain offences complained of The Court may also be entitled to see (i) whether the preconditions requisite for taking cognizance have been complied with or not; and (ii) whether the allegations contained in the complaint, even if accepted in entirety, would not constitute the offence alleged ....... 13. A look at the complaint filed by the Appellant would show that the Appellant had incorpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings against which the following observations were made, "25. In the present case, the Respondent has provided no explanation for the extraordinary delay of more than four years between the initial site inspection, the show cause notice, and the complaint. In fact, the absence of such an explanation only prompts the Court to infer some sinister motive behind initiating the criminal proceedings. 26. While inordinate delay in itself may not be ground for quashing of a criminal complaint, in such cases, unexplained inordinate delay of such length must be taken into consideration as a very crucial factor as grounds for quashing a criminal complaint. 27. While this Court does not expect a full-blown investigation at the stage of a criminal complaint, however, in such cases where the Accused has been subjected to the anxiety of a potential initiation of criminal proceedings for such a length of time, it is only reasonable for the court to expect bare-minimum evidence from the Investigating Authorities." 14. The sanction for prosecution given in the present case appears, prima facie, to suffer from the vice of non-application of mind. There is no reference to any of the document ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
