Nagpur:In a significant legal development, the Nagpur bench of the Bombay High Court has ruled that doctors in India cannot be prosecuted for selling medicines to their patients if they adhere to the Drug Rules of 1945. This ruling emerged from a case involving Dr. Prashant Tiple, a psychiatrist from Chandrapur, who faced legal action for allegedly selling medicines without possessing a pharmacy licence.
The dispute began when the Food and Drug Administration (FDA) filed a complaint against Dr. Tiple under the Drugs and Cosmetics Act of 1940. This action was triggered by a sting operation involving a dummy patient, which led to the allegation that Dr. Tiple was operating without the necessary licence. The case was challenged by Dr. Tiple’s lawyer, Mohit Khajanchi, who argued that the doctor’s actions fell within permissible limits under existing drug regulations.
Justice Govinda Sanap, in his ruling, quashed the criminal proceedings against Dr. Tiple, emphasizing that Rule 123 of the Drug Rules of 1945 allows medical practitioners to supply medicines to their patients without a separate pharmacy licence. This rule is crucial because it provides a legal framework under which doctors can dispense medications directly to patients as part of their medical practice, provided they follow the stipulations set by the Drug Rules.
Justice Sanap criticized the sessions judge for issuing a summons without adequately justifying the decision. The judge had merely instructed to “Issue notice to accused,” which the High Court deemed insufficient and legally flawed. According to Justice Sanap, such serious matters require detailed examination and reasoned orders, especially when criminal prosecution is involved.
In his judgment, Justice Sanap noted that there was no evidence suggesting that Dr. Tiple was running a pharmacy or selling drugs to the public outside the scope of his medical practice. The prosecution failed to demonstrate that Dr. Tiple’s actions went beyond the bounds of what is allowed under the Drug Rules of 1945. Consequently, the ruling provides clarity that doctors who dispense medicines directly to patients as part of their treatment are not necessarily in violation of drug laws, provided they adhere to established regulations.
This ruling is expected to offer reassurance to doctors across India, who often face legal uncertainties regarding the dispensing of medications. It highlights the importance of following proper documentation and compliance with drug regulations to avoid legal issues.
SOURCE:
TIMES OF INDIA
