Karnataka - Bangalore   

Pharmacy owner sentenced, asked to pay fine

By Our Staff Reporter

BANGALORE, MAY 26. The High Court of Karnataka on Wednesday sentenced the proprietor of a pharmacy to imprisonment till the rising of the court and imposed a fine of Rs. 5,000 on him for selling drugs at prices higher than the maximum retail prices.

Y.K. Annappa Shetty, who owned a medical shop on B.D. Road in Chitradurga, had sold 20 Ciprem-500 tablets to Rangaswamy for Rs. 610.

When Mr. Rangaswamy realised that he had been charged more than the maximum retail price for the tablets, he filed a complaint with the Drugs Controller.

Subsequently, a chargesheet was filed against Shetty for offences under Clause 18 of the Drugs (Price Control Order of 1987) read with Section 3(2) of the Essential Commodities Act.

On October 3, 1997, the Chitradurga Sessions Court acquitted Shetty on the ground that the Government had not fixed the prices of medicines. The State then filed a criminal appeal under Section 378 (1) and (3) of the Cr.PC against the acquittal.

It said the maximum retail price of 20 Ciprem-500 tablets was Rs. 545.75.

Justice Manjula Chellur held Shetty guilty of selling the drug at a higher price. Since Ciprem-500 was a non-scheduled formulation and not a bulk drug, there was no question of the Government fixing its price, she said.

Allowing the appeal, she set aside the acquittal of Shetty.

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