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Supreme Court Of India

Hon'ble Judge(s): Krishna Murari, Sudhanshu Dhulia , JJ

Criminal P.C. (2 of 1974) , S.482— Quashing of proceedings - Dismissal of application - Alleged stocking of prohibited medicines for sale - Appellant was a registered medical practitioner and her area of specialisation was dermatology - When small quantity of medicine has been found in premises of a registered medical practitioner, it would not amount to selling their medicines across counter in an open shop - Thus, exception was created under law in favour of appellant who was medical practitioner where drugs given in Schedule 'K' would be exempted from purview of Chapter 4 of Act of 1940 - Sales bills were not even for medicines which had been seized by respondent - Appellant had produced multiple invoices from pharmaceutical shops to show her bonafides - No explanation given for delay in getting approval for prosecuting appellant - Sanction for prosecution also suffered from vice of non- application of mind - Proceedings quashed. Drugs and Cosmetics Act (23 of 1940) , S.18(c), S.27(b)(ii)— Drugs and Cosmetics Rules (1945) , R.123, Sch.K— AIROnline 2022 MAD 2101-Reversed (Para 9 10 11 12 13 16) .....