Supreme Court: Doctors cannot be penalised for storing minimal quantities of medications under the Drugs and Cosmetics Act

Last Updated on March 20, 2023 by Administrator

Issue – The Supreme Court ruled that a doctor’s act of keeping minor amounts of medications would not constitute an offence of illegal stocking of medications under Section 18(c) of the Medicines and Cosmetics Act of 1940.

Facts of the case – A specific amount of medications, lotions, ointments, and other items were discovered during the Drugs Inspector’s inspection of the appellant’s premises, which she uses to conduct her medical practice from. 

The inspector filed a request for a sanction for prosecution with the office of the Director of Drugs Control, Tamil Nadu, alleging that she had medicines on hand for sale and sold them without a valid drug licence, which is prohibited under section 27(b)(ii) of the aforementioned Act. 

She appealed the Madras High Court’s decision, but after having her Section 482 CrPC plea rejected, she decided to file the current SLP with the Supreme Court.

Arguments – The small quantity of medications confiscated from the appellant may readily be located in a patient’s home or doctor’s office. 

Drugs confiscated from the appellant’s premises were admittedly of “standard quality,” and the appellant had supplied many receipts from pharmaceutical stores to support her claims. This demonstrated that the appellant was not running a store to sell fake medications over the counter.

Reasoning – The Supreme Court pointed out that the Madras High Court overlooked the fact that the appellant was a licenced physician and that dermatology was her area of specialisation. It is possible that she was dispensing these medications to her patients for emergency uses, and as a result, she was covered by the Act itself.

Judgement –  The appeal was upheld, the Madras High Court’s ruling was reversed, and the criminal case against X Metropolitan Magistrate in Egmore, Chennai was dismissed.

Provisions used in the case – Schedule (K) 7 appended to the Drugs and Cosmetics Rules, 1945, Section 18(c), section 27(b)(ii) of the Drugs and Cosmetics Act, 1940, Section 482 CrPC

Case title – S. Athilakshmi vs. The State Rep. By The Drugs Inspector

Written by – Nikita Shankar