Homeopathic Practitioner Wins Case After Challenge to Licensing.
15 February 2024
Medical, Pharma & Healthcare >> Miscellaneous
A Kerala court has quashed criminal proceedings against a homeopathic practitioner who was accused of violating the Drugs and Cosmetics Act. The petitioner, whose identity is not revealed in the order, faced charges of practicing without a license and illegally procuring medicines.
The case stemmed from a complaint filed by a Drugs Inspector who alleged the practitioner lacked a license and that medicines found at his clinic were purchased before he was registered. The prosecution argued these purchases violated Sections 18(c) and 22(1)(cca) of the Drugs and Cosmetics Act.
The petitioner countered that his father, a licensed homeopathic practitioner, ran the clinic alongside him. He argued that the medicines were purchased for the clinic under his father's valid license and that he himself became registered before the inspection.
The court sided with the petitioner. The judge noted that the petitioner's father possessed a valid license, making the procurement of medicines legal. Additionally, the petitioner's own registration before the inspection fulfilled the Act's requirements. The court concluded that continuing the case would serve no purpose and would amount to an abuse of legal process.
This case emphasizes the importance of proper licensing in healthcare professions. While assisting a licensed practitioner might seem acceptable, some acts may require an individual to hold their own license. The court's decision also highlights its power to intervene and prevent unnecessary legal proceedings that waste time and resources.