In a significant ruling, the Nagpur bench of the Bombay High Court has declared that doctors cannot be prosecuted for dispensing medicines to their patients as long as they adhere to the Drug Rules of 1945. This ruling came while the court was considering the case of a Chandrapur-based psychiatrist who faced criminal charges for selling medicines without a valid license. The court emphasized that the psychiatrist, being a registered medical practitioner, was exempt from certain provisions under the Drugs and Cosmetics Act, 1940, allowing him to supply medicines to his patients.
The case against the doctor arose after authorities, suspecting illegal sale of medicines, sent a dummy patient to his clinic. The doctor examined the patient, prescribed medication, and provided the prescribed drugs . Following this, a complaint was filed against the doctor for allegedly violating Section 18(c)…
