`Mere ownership of drugs by doctor not an offence`
Madras High Court ruled that mere possession of drugs would not constitute an offence under the Drugs and Cosmetics Act.
Madurai: Quashing a case filed against a
cardiologist for stocking various medicines in his hospital
allegedly for sale without licence, Madras High Court on Wednesday ruled that mere possession of drugs would not constitute an offence under the Drugs and Cosmetics Act.
Passing the order on a petition by S Selvam, Justice G M
Akbar Ali aid that unless there was evidence to prove that the
petitioner had actually sold or attempted to sell the drugs,
action could not be taken against him.
Taking action on complaint by the owner of the building
Subramanian, who is also a doctor, local Drug Inspector
inspected the hospital near Tirunelveli on November 10, 2009
and filed a case accusing the cardiologist of stocking drugs
in a separate room in the hospital for sale to his patients.
"It is to be noted that there was rivalry between the
petitioner and the land lord. So,he had complained to the Drug
Inspector. Mere possession would not attract an offence under
Drugs and Cosmetics Act and the continuance of the proceedings
was nothing but abuse of process of law initiated with an
intention to harass the petitioner," the Judge said.
The Drug inspector had not seized any book or receipt or
bills from the petitioner.
The only evidence against the petitioner was some bills
produced by the land lord. Those bills were not enough to
prosecute the cardiologist without examining the validity
and genuineness, the court held.