It was permissible for Registered Medical Practitioner-S. Athilakshmi to practice medicine when not performing her duty as an Associate Professor and Head of Dermatology Department in Government Omandurar Medical College, Chennai. Drugs Inspector sought to prosecute S. Athilakshmi under Section 18(c) of The Drugs and Cosmetics Act, 1940.
S. Athilakshmi had not ‘stocked’ medicines for ‘sale’. It cannot be said by any stretch of imagination. It is not so, she had opened a shop in her premises from where she was selling drugs and cosmetics across counter! It is possible, she was distributing these drugs, mostly lotions and ointment, for emergency uses.
High Court failed to consider Rule 123 read with Schedule ‘K’ of The Drugs and Cosmetics Rules, 1945.
– Hon’ble Justice Sudhanshu Dhulia, S. Athilakshmi v. Drugs Inspector, [Special Leave Petition (Criminal) No. 9978 of 2022].