A Two Judge Bench of the Supreme Court comprising of Justice Sudhanshu Dhulia and Justice Krishna Murari recently passed a Judgment dated 15-03-2023 in the matter of S. Athilakshmi vs The State represented by the Drugs Inspector quashing criminal proceedings initiated against a doctor for stocking small quantities of medicine.
Such stocking will not amount to the offence of unauthorized stocking of medicines as per Section 18(c) of Drugs and Cosmetics Act 1940. Under Section 18 of Drugs and Cosmetics Act 1940, a prohibition has been imposed as to the manufacture, sale etc. of certain drugs and cosmetics.
As per the Act, Whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes without a valid license, shall be punishable with imprisonment for a term which shall [not be less than three years but which may extend to five years and with fine which shall not be less than one lakh rupees or three times the value of the drugs confiscated, whichever is more.
