Hello,
The police and the court have acted against the statute and as such you do have a very strong case to get a stay from the High Court.
Regards
Drugs stored by RMP in his hospital
I am Dr. I possess MBBS ,MS. Degree. The drug Inspector has seized the stock of drugs kept in one room of hospital and filled cri.case against me and my wife.I have given explanation that ,as I am gynecologist and aslso surgeon ,I have to keep the drugs for emergency purpose to save life of patients.N medical shop is open in my small city after 10 PM. And according to Drugs and cosmetics Act 2040 , according to Rule 123 of the Drug & Cosmetics Rules, 1945 and Schedule K clearly says that RMPs can use all the Drugs available in the market and that they are exempted from all the Sections in Chapter IV of the Drugs Act, 1940.The district judicial magistrate has allowed issue process and I have gone to higher court against issue process order. The Drug inspector has not taken permission from the drug controlling authority before filling case, which is mandatory. In Pharmacy act 1948 it is mentioned that RMP can dispense the drugs.Even in Indian medical council act it is clearly mentioned that any RMP can sale. dispense .stock the drugs for his patients. Are there any extra points in favor of me?
Asked 6 years ago in Criminal Law
Religion: Hindu
8 Answers
You have good case on merits
you can file for quashing of FIR filed against you in HC
This points are enough for contesting the case and your advocate can better advise you after looking the entire case papers
Go for quashing of the said case in high court. Also file defamation and false prosecution case against that drug officer and seek heavy compensation
Under what sections, you have been booked ? criminal case is launched under Chapter IV- A ? for AYURVEDIC, SIDDHA AND UNANI ?
Sanction is not required for initiation of proceedings of the offenses u/s.18 (a)(b) and in Sec.18(c) punishable u/s.27 (b)(ii) of the Drugs & Cosmetic Act, 1940.
Under what sections you have been booked ?
You are very clear about the law involved in this.
Doctors having clinics are also found to be getting supplies of some of the expensive drugs directly from some pharmaceutical companies for selling to patients. ... As per the Schedule K (5) of Drugs & Cosmetics Act, doctors are allowed to stock and sell limited number of medicines to their own patients.
While the association is of the view that the clause exempts a private medical practitioner to obtain a license for dispensing drugs to patients, the state drugs control department stands to its interpretation that only a single-doctor clinic can keep medicines and dispense them to patients, but he cannot open a separate pharmacy in his premises or sell drugs across the counter, for which it would be mandatory for him to obtain a license under the rules.
While the clause (Clause–5 of Schedule-K of the Drugs and Cosmetics Rules) allows a single doctor to stock, prescribe or dispense medicines without having a license, it does mandate a clinic run by more than one doctor to obtain a license.”
If we interpret the law by the viewpoint of the drugs control department then over two lakh medical practitioners should be behind the bars. Then why only few doctors are targeted and punished? They are merely being harassed by the inspection teams. Moreover, nowhere the law states that a doctor and his wife cannot dispense medicines working in separate rooms of the same clinic.
You may take the assistance of association to tackle this or with an assistance of an experienced lawyer on all such further proceedings.
a doctor cannot stock more than 2000/- Rupees of medicine.
Dear Client
The points you are telling are enough to get you discharge from the offences in which criminal case is filed.
All the medical laws are in your favor and you dont have to worry about the case it will be in your favor.
