Back
G. JAYACHANDRAN
K. Sumathi – Appellant
Versus
State represented by The Drugs Inspector – Respondent
ORDER :
This Criminal Original Petition has been filed to quash the complaint laid by the Drug Inspector, in C.C.No.599 of 2024 taken on file by the VI Metropolitan Magistrate, Saidapet, Chennai.
2. On 30/09/2021, the Drug Inspector of Saidapet Range had conducted inspection of M/s Pradhan Mandri Bharthiya Janaushadhi Kendra, No:25/IB, New No:51, Ground Floor, West Jones Road, Saidapet West. At the time of inspection, the proprietor Mr.Kalidass and the registered Pharmacist Dhanalakshmi were not present. However, the person-in-charge Tmt.Sumathi, W/o Kalidass was selling drugs without personal supervision of the pharmacist. On further verification of records, purchase bills for the drugs, sale statement, prescription register and stock on hand of certain drugs found not maintained.
3. For the contravention of Section 18 (c) of the Drugs and Cosmetics Act, notice issued to the Proprietor Kalidass and then, the impugned complaint filed against Kalidass, the Proprietor and his wife Sumathi person in charge.
4. The Learned Counsel appearing for the petitioner Sumathi (A-2) submitted that, the petitioner is a home maker and not the person in charge of the shop. Since her husband had an urge
Mere presence at a drug shop does not establish liability for drug sales without pharmacist supervision; the burden of proof lies with the complainant to provide evidence of wrongdoing.
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.
Directors can be held vicariously liable for company offenses under the Drugs and Cosmetics Act if they are responsible for the company's operations and fail to demonstrate due diligence.
Unexplained inordinate delay can be fatal to a prosecution case, and individuals involved in the day-to-day affairs of a company can be held liable for contraventions under the Drugs and Cosmetics Ac....
Before issuing process in a criminal complaint, the court must ensure that there are allegations and material on record suggesting the accused's involvement in the alleged offences. Additionally, the....
The conviction under the Drugs and Cosmetics Act requires proof of sale or stocking of drugs without a valid license, and procedural compliance in investigations is crucial for upholding such convict....
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.
Provisions of Section 34 of Drugs and Cosmetics Act are also applicable to a partnership firm.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
