A Doctor’s Legal Odyssey Under the Drugs and Cosmetics Act, 1940

Balancing the intricacies of the Drugs and Cosmetics Act, the court's decision underscores the importance of intent and the context in which the alleged offenses occurred

The Health Master

February 20, 2024

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Supreme High Court Justice — Picture: Pixabay

Table of Contents

Last Updated on March 2, 2024 by The Health Master

Drugs and Cosmetics Act

The recent Supreme Court ruling has brought into focus a case under the Drugs and Cosmetics Act, 1940, where a fine of Rupees One Lakh was affirmed, but the imprisonment order on a doctor was set aside.

Delving into the intricacies of the legal proceedings, this article explores the court’s rationale, emphasizing the nuances of intent and the implications of Section 18(c) of the Act.

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The Judicial Bench: Justice Served

The esteemed Bench, comprising Justice B.R. Gavai and Justice Sanjay Karol, provided insights into their decision, emphasizing that imposing a sentence of imprisonment would be unjustified, particularly in the absence of proven intent to sell or distribute under Section 18(c) of the Act.

Legal Advocacy: Voices in the Courtroom

Senior Advocate S. Nagamuthu represented the Appellant, while Senior Advocate Joseph Aristotle stood for the State.

Understanding their arguments and the dynamics of legal representation sheds light on the complexity of the case.

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A Glimpse into the Legal Landscape: High Court’s Upheld Decision

The appeal stemmed from the High Court, which upheld the decision of the Additional District & Sessions Judge.

Analyzing the modifications made by the lower Appellate Court to the Chief Judicial Magistrate‘s order provides a crucial backdrop to the Supreme Court’s final judgment.

The Origins: Clinic Inspection and Legal Ramifications

The case originated from an inspection of a clinic on October 13, 2015, revealing allopathic medicines without proper documentation.

Unpacking the sequence of events, this section outlines how the prosecution initiated proceedings leading to the appellant’s conviction in the Trial Court.

Legal Tussle: Overturning Convictions and Seeking Justice

The lower Appellate Court overturned the conviction for one offense due to a lack of proof regarding the drugs’ intended sale or distribution.

A closer look at the criminal revision filed by the appellant and its dismissal provides insights into the legal intricacies surrounding perversity or infirmity in court orders.

Legal Code Decoded: Section 18A and Section 28

Examining the specific sections under which the appellant was convicted—Section 18A read with Section 28 of the Drugs and Cosmetics Act—unravels the legal implications related to the disclosure or non-disclosure of the manufacturer’s name.

Understanding the prescribed punishment of six months of simple imprisonment along with a minimum fine sets the stage for the Court’s deliberation.

Precedent Matters: Learning from S. Athilakshmi v. State Rep. by The Drug Inspector

Drawing parallels with the case of S. Athilakshmi v. State Rep. by The Drug Inspector, where a doctor was acquitted for stocking a small amount of drugs, highlights the significance of quantity in determining the gravity of the offense.

Analyzing the court’s stance on the non-disclosure of the manufacturer’s name in the context of public interest is crucial for understanding the decision.

Balancing Justice: Professional Context and Punitive Measures

The Bench, acknowledging the appellant’s profession, questioned the justification of imposing a prison sentence, especially when the intent to sell or distribute was not proven.

Assessing the implications of the court’s modification of the judgment and the set-aside imprisonment sentence provides a holistic view of the judicial reasoning.

Cause Title: Palani v The Tamil Nadu State (2024 INSC 110)

Appearance:
Appellant(s): Senior Advocate S. Nagamuthu and Advocate M. P. Parthiban
Respondent(s): Senior Advocate Joseph Aristotle and Advocates D. Kumanan, Deepa. S and Veshal Tyagi

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