Drugs and Cosmetics Act, 1940, Section 18(A) read with Section 28 – Drugs and Cosmetics – Sentence Reduced – Appeal against conviction – Provisions of Section 18(A) and Section 28 concern the disclosure or non-disclosure respectively of the name of the manufacturer – The former stipulates a requirement for every person who is not a manufacturer or agent of distribution to disclose the name of the person from whom he has acquired such drug or cosmetic – The latter imposes a punishment for violation of the aforesaid requirement to the tune of imprisonment up to a year or with a fine not less than Rs.20,000/-, or with both – Punishment imposed on the appellant is six months simple imprisonment with the minimum statutory fine – Appellant is a doctor – Quantities of the 29 kinds of medicines recovered from the clinic run by the Appellant, were of small quantity – Held that in such a situation, non-disclosure of the name of the manufacturer/person from whom the said medicines were acquired, cannot be said to be endangering public interest – Held that imposing a sentence of imprisonment would be unjustified, particularly when the intent to sell/distribute under Section 18(c) of the Act has been held unproven -Impugned judgment, set-aside the sentence of imprisonment as awarded modified, and instead thereof, a fine of Rs.1,00,000/- imposed on the Appellant. (Para 9, 12 and 13)
SUPREME COURT OF INDIA
2024 STPL(Web) 101 SC
[2024 INSC 110]
Palani Vs.Tamil Nadu State
Criminal Appeal No. 887 of 2024 (@Petition for Special Leave Appeal (Crl.) No.256 of 2022)-Decided on 14-2-2024
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