Case Note & Summary
The petitioner, a registered medical practitioner and psychiatrist, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Special (Drugs & Cosmetics) Criminal Case No. 25 of 2022. The case was initiated by a drug inspector who, acting on information that the petitioner was selling medicines without a license, sent a dummy patient to the petitioner's clinic. The petitioner examined the patient, prescribed medicines, and supplied them under a bill. The drug inspector then filed a complaint alleging contravention of Section 18(c) of the Drugs and Cosmetics Act, 1940, punishable under Section 27(b)(ii) of the same Act. The petitioner contended that as a registered medical practitioner, he was exempt from the licensing requirements under Rule 123 read with Schedule K, Clause 5 of the Drugs Rules, 1945. The state opposed, arguing that the petitioner was stocking and selling medicines without a license. The court examined the provisions and noted that Rule 123 exempts drugs specified in Schedule K from the operation of Chapter IV of the Act, and Schedule K, Clause 5 exempts drugs supplied by a registered medical practitioner to his own patient. The court found that the petitioner had examined the patient, prescribed medicines, and the stock was duly accounted for. There was no allegation that the petitioner was running a pharmacy or selling medicines to the public. The court also noted that the learned Special Judge had issued process without recording any reasons, which was contrary to the requirement of Section 204 CrPC as interpreted by the Supreme Court in Lalankumar Singh v. State of Maharashtra. Consequently, the court allowed the application and quashed the criminal proceedings.
Headnote
A) Criminal Procedure - Quashing of Criminal Proceedings - Section 482 CrPC - Abuse of Process - The court quashed a criminal case against a registered medical practitioner for alleged violation of Section 18(c) of the Drugs and Cosmetics Act, 1940, holding that the exemption under Rule 123 read with Schedule K of the Drugs Rules, 1945 squarely applied as the doctor supplied medicines only to his own patients after examination. (Paras 3-12) B) Drugs and Cosmetics Act - Exemption for Registered Medical Practitioners - Rule 123 read with Schedule K, Drugs Rules, 1945 - Section 18(c) and Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940 - The court held that a registered medical practitioner who examines a patient and supplies medicines from a duly accounted stock is exempt from the licensing requirements of Chapter IV of the Act, and the prosecution was unsustainable. (Paras 5-12) C) Criminal Procedure - Issuance of Process - Section 204 CrPC - Recording of Reasons - The court held that the order of the Special Judge issuing process without recording any reasons was bad in law, as it did not reflect application of mind, relying on Lalankumar Singh v. State of Maharashtra. (Paras 14-15)
Issue of Consideration
Whether a registered medical practitioner supplying medicines to his own patient after examination is exempt from the requirement of a license under Section 18(c) of the Drugs and Cosmetics Act, 1940 by virtue of Rule 123 read with Schedule K of the Drugs Rules, 1945
Final Decision
The application is allowed. The Special (Drugs & Cosmetics) Criminal Case No. 25 of 2022 and the order issuing process are quashed. The criminal application is disposed of.
Law Points
- Exemption under Rule 123 read with Schedule K of the Drugs Rules
- 1945 applies to registered medical practitioners supplying drugs to their own patients
- Section 18(c) of the Drugs and Cosmetics Act
- 1940 not attracted
- Order issuing process without recording reasons is bad in law
