In Brief
A registered medical practitioner with specialization in dermatology was prosecuted for stocking medicines for sale without a valid license under the Drugs and Cosmetics Act. The Court found that she had supplied small quantities of medicines to her own patients, which falls within the exemption granted to medical practitioners under Schedule K of the Rules. The Court held that mere possession of medicines does not constitute an offence; the prosecution must prove stocking or exhibition for sale. The Court quashed the criminal proceedings, noting the sanctioning authority failed to consider the applicable exemptions and the non-commercial nature of the doctor's practice. The two-year unexplained delay in granting sanction also supported the decision to quash.
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