The Supreme Court overturned a prison term given to a doctor caught with a small amount of unlicensed drugs, opting instead to levy a fine of Rs 1 lakh on the doctor.
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NEW DELHI: The Supreme Court of India has provided significant relief to medical practitioners by ruling that a doctor stocking a small quantity of medicines without disclosing the source does not constitute a danger to public interest. This decision underscores the judiciary’s nuanced approach to the application of the Drugs and Cosmetics Act, 1940, particularly in cases where the intent to distribute or sell the medicines remains unproven.
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The case involved a doctor who faced legal challenges for possessing a small amount of medicines without disclosing the source, leading to concerns over potential violations of the Drugs and Cosmetics Act. Initially, the doctor was subjected to legal scrutiny, raising questions about the implications for medical professionals and their ability to provide care.
A bench comprising Justices BR Gavai and Sanjay Karol deliberated on the matter, ultimately deciding to limit the doctor’s sentence to a fine of Rs 1 lakh. This decision was based on the consideration that the quantity of seized medicines was small and there was no evidence to suggest an intention to sell or distribute them.
The Supreme Court’s judgment emphasized that-
“Non-disclosure of the name of the manufacturer/person from whom the said medicines were acquired, cannot be said to be endangering public interest (which obviously, is the primary object of the prohibition in law) by allowing the circulation of such substances unauthorizedly … imposing a sentence of imprisonment would be unjustified, particularly when the intent to sell/distribute under Section 18(c) of the Act has been held unproven.”
The case had previously seen varying degrees of legal interpretation, with an Additional District and Sessions Judge reducing the initial jail sentence to six months of simple imprisonment. This reduction came after acknowledging the absence of evidence to prove the medicines were intended for sale or distribution.
The sessions court noted the lack of patients, other persons, bills, or receipts that could indicate the drugs were sold or distributed, leading to the setting aside of the doctor’s conviction under Section 18(c) of the Drugs and Cosmetics Act, which pertains to the sale or distribution of unlicensed drugs. However, the charges for stocking a small quantity of unlicensed drugs were upheld, and the sessions court ordered a refund of the Rs 1 lakh fine imposed by the trial court.
Upon further appeal, the High Court chose not to interfere with the sessions court’s decision, prompting the doctor to approach the Supreme Court. The apex court’s ruling brings clarity to the legal landscape surrounding medical practitioners and their handling of medicines, highlighting the importance of intent and public interest in such cases.
This judgment is a significant development for healthcare professionals across India, offering a degree of legal protection in situations where small quantities of medicines are stocked for patient care without explicit malicious intent. It also serves as a reminder of the judiciary’s role in balancing the strictures of the law with the realities of medical practice, ensuring that public health and safety remain paramount without unduly penalizing those in the medical field.
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