• Regarding sale of drug without license

Hello sir,
My father was running my grandfather's business of vetenery medical shop from [deleted],but he didnot apply for a license on the misconception that his father's license was still valid.but when our pharmacist passed away and when my father went to the drug inspector to get approval for the new pharmacist he was asked about the license, and subsequently a raid happened and the shop was closed.
My father is a regular tax payer and has shown billabily to all his sales. What would be the punishment for this case, and is there any way to avoid any jail sentence.
Asked 4 years ago in Criminal Law
Religion: Christian

12 answers received in 1 day.

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12 Answers

hello

the shop was being run without a license although your father did not know about the same. kindly apprise the drug inspector of this fact and then he may impose a fine and leave you. your father and your family did not know of this fact and hence you may be let off.

regards

the drugs and cosmetics rules, 1945 contain provisions to this effect. engage a lawyer.

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Section 27 (b)2 of drugs consmetic act provides whoever himself, or by any other person on his behalf, manufactures for sale or distribution, or sells, or stocks or exhibits for sale any drug without a valid licence as required under clause (c) of Section 18, shall be punishable with imprisonment for a term which shall not be less than one year, but which may extend to three years, and with fine which shall not be less than Rs.5000/

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Drugs and Cosmetics Act, the said provision provides that whoever himself, or by any other person on his behalf, manufactures for sale or distribution, or sells, or stocks or exhibits for sale any drug without a valid licence as required under clause (c) of Section 18, shall be punishable with imprisonment for a term which shall not be less than one year, but which may extend to three years, and with fine which shall not be less than Rs.5000/-. When the maximum sentence is imprisonment for three years the period of limitation will come under Section 468 (2) (c) of Cr. P.C. If so, the period of limitation is three years.

consult a experienced criminal lawyer definitely you will be get help..

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Payment of income tax and filing Returns and even including payment of GST does not mean that you can operate a chemist shop without licence you have to take drug licence before operating the shop this is illegal

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear,

punishment in such type of cases is imprisonment for a term which

shall not be less then 1 year, but which may extend to 3 years.

and fine which shall not be less then 5000 rs.

You can request them about your mistake they can levied only fine and free your father.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hi,

The jail sentence may be evaded after paying fine. Also a trained pharmacist may be appointed to show that there was lack only for short duration.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Drugs and Cosmetics Act, the said provision provides that whoever himself, or by any other person on his behalf, manufactures for sale or distribution, or sells, or stocks or exhibits for sale any drug without a valid licence as required under clause (c) of Section 18, shall be punishable with imprisonment for a term which shall not be less than one year, but which may extend to three years, and with fine which shall not be less than Rs.5000/-. When the maximum sentence is imprisonment for three years the period of limitation will come under Section 468 (2) (c) of Cr. P.C. If so, the period of limitation is three years.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

No punishment prescribed for running medical shop without license. Relax.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

The laws says that according to Drugs and Cosmetics Act, whoever himself, or by any other person on his behalf, manufactures for sale or distribution, or sells, or stocks or exhibits for sale any drug without a valid licence as required under clause (c) of Section 18, shall be punishable with imprisonment for a term which shall not be less than one year, but which may extend to three years, and with fine which shall not be less than Rs.5000/-

But you have to engage a good lawyer and defend yourself as you have good grounds.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi

It appears that your grand father had a license for selling veterinary medicines and hence the license would have been valid upon demise of your grand father and till the time of expiry of tenure of licence.

However it appears that the tenure of license had expired and your father did not renew the same.

Normally for persons who did not apply for a license of willfully defaulted in renewing the license,Clause 27 b (ii) of Drugs and Cosmetics Act will apply and penalty is that an imprisonment for a term of less than 1 yyear and a fine of not less than 5000 rupees will be applicable.

However in your case it is evident that

a) Your grand father had a valid license and the tenure of license expired

b) that you were selling medicines that are genuine and not spurious and

c) you had a pharmacist license in place and upon death of the existing pharmacist, you opted to hire a new pharmacist.

d) Also your father has been a regular tax payer and has been paying taxes goes to show that the non renewal of license is only a mistake and not a fraud.

so all of the above will show that your father is not a willful defaulter and hence the court/ department will direct your father to pay a fine amount only. No jail sentence will be awarded in your case.

All you need to do is that non renewal of license is neither willful nor wanton, but a mistake of fact and not law.

Jail sentences will be applicable only if you have sold spurious medicines and indulged in other criminal activities in addition to non renewal of license.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Hello,

Kindly share with us the documents in this regards i.e., any notice or any complaint that has been filed and then only a concrete advise can be rendered.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Drugs and Cosmetics Act, the said provision provides that whoever himself, or by any other person on his behalf, manufactures for sale or distribution, or sells, or stocks or exhibits for sale any drug without a valid licence as required under clause (c) of Section 18, shall be punishable with imprisonment for a term which shall not be less than one year, but which may extend to three years, and with fine which shall not be less than Rs.5000/-. When the maximum sentence is imprisonment for three years the period of limitation will come under Section 468 (2) (c) of Cr. P.C. If so, the period of limitation is three years.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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