Selling of expired Drugs
Sheikh Saleem
Srinagar, Dec 21: A local court on Monday returned the challan to police while terming the investigation incomplete regarding a case against a clinic wherein a patient was allegedly sold expired injections.
Chief Judicial Magistrate (CJM) said the investigation has not been done properly by the Investigating Officer and directed SSP Srinagar to undergo further investigation of the case through a competent officer not below the rank of Dy SP after taking into consideration the observations made by the court.
CJM observed that the case has already been concluded against two salesmen of the Endocrine
and Diabetes Center. “This Court is unable to understand as to how these two persons are involved in the commission of offence when the medicines have been purchased by the pharmacist who is running the shop,” court observed.
Court said the investigation is also silent as to from where he has purchased those medicines and what was the interest in between the Doctor who has issued prescription slip in order to get the medicines from Endocrine and Diabetes Center.
While identifying the lacuna in the investigation, CJM raised questions about investigation saying as to who is the person who is running Endocrine and Diabetes Center and on whose name the license has been issued. Court raised query regarding possible partnership between the license holder and Dr. Hayat and whether both the persons have the common object to sell the expired medicines/drugs to the patients.
Court returned the challan to Police and asked them to further investigate the matter.
Earlier Police produced Charge sheet against two salesmen under section 336,420 RPC on the facts that Prosecution witness No. l along with his wife Prosecution witness No.2 consulted Dr. Hayat at his clinic at Karan Nagar where he prescribed certain medicines.
The Prosecution witness No. l purchased the medicines which were prescribed by the Dr. Hayat from Endocrine Diabetes Center. The medicines which were purchased had already expired with the result PW-1 lodged the FIR against salesman who gave injection and during statement under section 161 CrPC stated that Doctor was also involved in the act to sell the expired drugs.