Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Intent to Sell/Distribute Unproven, Imprisonment Unjustified: SC Modifies Sentence to Fine for Doctor in Drugs and Cosmetics Act Case

07 May 2024 8:19 AM

By: Admin


The Supreme Court, in a recent judgment, has modified the sentence of a doctor convicted under the Drugs and Cosmetics Act, 1940. The Court observed that the intent to sell or distribute was unproven and hence, imprisonment was deemed unjustified. Instead, a fine was imposed, reflecting a nuanced approach to sentencing.

The case involved Dr. Palani, who ran a clinic that was inspected by state officials on October 13, 2015. The inspection uncovered 29 types of allopathic medicines being held without proper licensing. The prosecution was based on these findings, leading to the doctor's conviction for offenses under Sections 18(c) and 18(A) of the Drugs and Cosmetics Act.

The key legal issue revolved around whether the medicines were possessed for the purpose of sale/distribution. The lower appellate court, while setting aside the conviction under Section 18(c), upheld the conviction under Section 18(A) based on non-disclosure of the manufacturer’s name. The Supreme Court's re-evaluation focused on the nature of the offense and the background of the appellant. The Court noted that there was no evidence of the drugs being sold and that non-disclosure of the manufacturer’s name for a small quantity of medicines did not significantly endanger public interest.

Acknowledging the appellant's profession as a doctor and the minor nature of the offense, the Supreme Court set aside the sentence of imprisonment. The Court imposed a fine of Rs. 1,00,000, stating that imprisonment would be unjustified under the circumstances.

Palani Vs. The Tamil Nadu State,

Date of Decision: 14th February 2024,

Latest Legal News