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Drugs and Cosmetics Rules, 1945
Rule 61, 64, 65 (2) and 65 (19)—requirement of employing qualified persons by dealers while supplying drugs in containers marketed by the manufacturers—
Rule 61, 64, 65 (2) and 65 (19)—requirement of employing qualified persons by dealers while supplying drugs in containers marketed by the manufacturers—
sub-rule (19) of Rule 65 has to be interpreted in that light and has to be read in conjunction with Rule 61 and sub-rule (2) of Rule 65 of the Rules - If these Rules are read together, it will be found that the drugs supplied in a container marketed by manufacturer for which the prescription of a Registered Medical Practitioner is necessary cannot be sold or supplied without under the supervision of a qualified person. This aspect may be examined from another angle namely that the whole set of Rules must be read as whole and one provision of the Rules should be construed with reference to other provision in the same set of Rules so as to make whole set of Rules consistent. Such a construction has the merit of avoiding any consistency or repugnancy either within a rule or between a rule and other part of Rules. It is function of the Court to harmonise the two provisions of the Rules otherwise what has been provided for compliance would be taken away by the other provisions of the Rule which is in direct conflict of the object of the Act. In fact the entire Rules have as part of integral whole. If sub-rule (19) of Rule 65 is interpreted in the light of argument of learned counsel for the petitioner, the other provisions of Rules namely, Rule 65 and sub-rule (2) of Rule 65 would be redundant- sub-rule (19) of Rule does not permit the sale of drugs in a container marketed by the manufacturer without the assistance of qualified person- a dealer holding licence in Form 20 and 21 for retail sale of drugs is required to employ the services of qualified persons and supply such drugs under his direct supervision even if drug in a container marketed by the manufacturer is to be sold which prescription of the registered medical practitioner is necessary.
Ramesh Giri vs. State of U.P. and others, Allahabad High Court, 1996 Drugs Cases (DC) 38

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