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Navaneeth K. Unni – Appellant
Versus
State Presented by Public Prosecutor – Respondent
ORDER :
Bechu Kurian Thomas, J.
Petitioner is the 1st accused in C.C.No.2914/2015 before the Judicial First Class Magistrate Court, Chavakkad. He seeks to quash all proceedings against him in the above case. The offences alleged against the petitioner are under Sections 18(c) and 22(1)(cca) of the Drugs and Cosmetics Act, 1940 (‘the Act' for short).
2. The proceedings in C.C.No.2914/2015 arose out of a private complaint filed by the Drugs Inspector on the basis of information received from Sri.P.P.Jomon, who alleged that petitioner is a ‘fraud Doctor' practicing Homeopathy after stocking and selling Homeopathic medicines from the premises of ‘M/s.Panacea Homeo Clinic', Vadanappilly Junction, Thrissur without any authority. Pursuant to the complaint, the Drugs Inspector conducted an enquiry which revealed that bills of homeopathic medicines were kept in the clinic, without the accused having any drug license nor any qualification to practice as a Medical Practitioner. The complaint also alleged that the accused registered himself as a homeopath on 10.06.2013 and hence the purchase and storing of medicines prior to that date was without authority and contrary to provisions of Section 18
The court quashed proceedings against a registered Homeopathic Practitioner, finding no offence as medicines were procured for a clinic run by his father, a registered practitioner.
The petitioner contravened Section 18(c) of the Drugs and Cosmetics Act by stocking and selling drugs without a license. The petitioner is liable under Section 27(b)(ii) of the Act.
When small quantity of medicine has been found in premises of a registered medical practitioner, it would not amount to selling their medicines across the counter in an open shop.
Licenses under the Drugs and Cosmetics Act are deemed valid if renewal applications are timely and fees are paid, negating the ground for prosecution.
Distributors of drugs are not liable for quality issues if they prove acquisition from a licensed manufacturer and proper storage, as per Section 19(3) of the Drugs and Cosmetics Act.
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