Case Note & Summary
The case involved appeals by M/s. RPG Life Sciences Ltd. and M/s. Sri Mahaveer Pharma Agencies against a conviction under the Essential Commodities Act, 1955 and the Drugs (Prices Control) Order, 1979. The appellants were found guilty of not displaying the maximum retail price on Haloperidol tablets, which led to their conviction and sentencing by the Trial Court. The High Court confirmed the conviction and sentence, prompting the appellants to appeal to the Supreme Court. The prosecution presented evidence from the Drugs Inspector, who inspected the premises and found violations regarding the labeling of the drug. The appellants argued that Haloperidol was sold in its generic form and did not require a maximum retail price label. However, the court found that the law mandated such labeling regardless of the form in which the drug was sold. The Supreme Court, while upholding the conviction, noted the significant time that had passed since the offence and decided to modify the sentence by increasing the fines rather than imposing imprisonment. The court directed the first appellant to pay a fine of Rs. 2 lakhs and the other appellants to pay Rs. 25,000 each, with a stipulation for payment within six weeks. Failure to pay would result in serving the original sentences. The appeals were disposed of accordingly.
Headnote
A) Criminal Law - Conviction under Essential Commodities Act - Validity of Conviction - Essential Commodities Act, 1955, Section 7(1)(a)(ii) - The appellants were convicted for not displaying the maximum retail price on drug labels as required under the Drugs (Prices Control) Order, 1979. The court upheld the conviction but modified the sentence to increase the fines instead of imprisonment, considering the long time elapsed since the offence. Held that the ends of justice were met by increasing the fines (Paras 16-20).
Issue of Consideration
Whether the appellants' conviction under the Essential Commodities Act and the Drugs (Prices Control) Order was justified, and if the sentence should be modified.
Final Decision
The Supreme Court upheld the conviction of the appellants but modified the sentence by increasing the fines. Appellant No.1 was directed to pay a fine of Rs. 2 lakhs, while other appellants were directed to pay Rs. 25,000 each, with a six-week deadline for payment.
Law Points
- Essential Commodities Act
- 1955
- Drugs (Prices Control) Order
- 1979
- conviction
- sentencing
- maximum retail price
- generic drugs
