Nagpur: In a significant ruling, Justice GA Sanap of the Nagpur Bench of the Bombay High Court has declared that doctors cannot be prosecuted for selling medicines to patients under certain conditions. This decision came after Dr. Prashant Tipale, a medical practitioner from Bhadrawati, filed an application to quash a criminal case against him.
Dr. Tipale, who operates a clinic at Isha Mind Care, faced accusations from Drug Inspector CK Dange for allegedly violating the Drugs and Cosmetics Act, 1940. The complaint claimed that Dr. Tipale sold medicines to a patient without a proper license, breaching Section 18(c) of the Act.
Dr. Tipale argued that, as a registered medical practitioner, he is exempt under Rule 123 of the Drugs Rules, 1945, specifically Schedule K, Clause 5, which allows doctors to provide medicines to their patients without being subjected to commercial regulations of the Act. He further asserted that the medicines were properly accounted for and met standard quality, as confirmed by an analyst’s report.
The court concurred with Dr. Tipale’s argument, referencing previous rulings that support the exemption for registered medical practitioners. Justice Sanap emphasized that there was no evidence to suggest Dr. Tipale was operating an unauthorized pharmacy or selling medicines beyond permissible limits.
The court concluded that the Special Judge’s decision to issue process against Dr. Tipale lacked sufficient reasoning and failed to apply the law correctly. As a result, the criminal proceedings against Dr. Tipale were dismissed, reaffirming the exemption for medical practitioners under Rule 123 and Schedule K of the Drugs Rules.
Advocate M P Khajanchi represented Dr. Tipale, while APP SV Kolhe appeared for the respondent/State.
