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 Case Digest


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Drugs and Cosmetics Rules, 1945
Rule 66-Licence for retail sale of drugs-cancellation of
Rule 66-Licence for retail sale of drugs-cancellation of
Qualified person of the petitioner –firm was not present at the time of inspection and there was violation of Rule 65(2) of the Rules - The petitioner was consistently inspected by the drugs inspector on 3 occasions i.e. on 16.12.2009, 25.11.2011 and 22.1.2012 and on all 3 times, it was found that qualified person of the petitioner –firm was not present at the time of inspection and there was violation of Rule 65(2) of the Rules. The petitioner could not show the purchase bills & purchase records of different types of allopathic drugs, which were seized during inspection. Out of the purchase bills, the purchase bill of M/s. Pharma Distributors, Bhagirath Palace, Delhi, was found to be fake on enquiry. There was also violation of Rules 65(4) and 65(6), 65(3)(1) and 65(4)(1) if the rules-successive inspections were conducted on the shop of the petitioner and on all occasions, no qualified person was found selling the drugs and all the violations, as observed by the Directorate of Health & Family Welfare, were in accordance with the rules. The drugs, which were sold, contained ingredients of narcotic drugs and psychotropic substances. These drugs are misused as intoxicants by the youth in general public at large-Since no sale record was produced, the presumption would be that those drugs were sold to the general public at high prices. For the safety of the patients, it is necessary that the drugs, which form part of schedule ‘H’ should be sold by a qualified person. If a wrong medicine is sold by an unqualified person, it could be dangerous to the health and life of the patient and the public at large.
M/s. Sandhu Medical Store vs. State of Punjab & others, Punjab & Haryana High Court, 2014(1) Drug Cases(DC) 425

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