Quashing a case filed against a cardiologist for stocking various medicines in his hospital allegedly for sale without licence, Madras High Court Bench here on Wednesday ruled that mere possession of drugs would not constitute an offence under the Drugs and Cosmetics Act.
Passing the order on a petition by S. Selvam, Justice G.M. Akbar Ali aid that unless there was evidence to prove that the petitioner had actually sold or attempted to sell the drugs, action could not be taken against him.
Taking action on complaint by the owner of the building Subramanian, who is also a doctor, local Drug Inspector inspected the hospital near Tirunelveli on November 10, 2009 and filed a case accusing the cardiologist of stocking drugs in a separate room in the hospital for sale to his patients.
“It is to be noted that there was rivalry between the petitioner and the land lord. So, he had complained to the Drug Inspector. Mere possession would not attract an offence under Drugs and Cosmetics Act and the continuance of the proceedings was nothing but abuse of process of law initiated with an intention to harass the petitioner,” the judge said.
The Drug Inspector had not seized any book or receipt or bills from the petitioner. The only evidence against the petitioner was some bills produced by the land lord. Those bills were not enough to prosecute the cardiologist without examining the validity and genuineness, the court held.
