Dear Dr. Ashok Dhamjia,
Thank you very much for the detailed reply. Your complaint that I have not given the details of the case is true. Sorry for that. I know that with the case number one can find out all the details of the case from the web and you have done that.
All I wanted to know is the meaning of three phrases — 1. “a registered medical practitioner”, 2. “open shop” & 3. “selling across the counter”. All these are used in Item 5, Schedule K, Drugs & Cosmetics Rules, 1945, in the Column “Class of Drugs”.
Sir, Before giving the detailed explanation, you failed to read the “Single (ONE) Para” cited or that mentioned at the corresponding level in the other column “Conditions of Exemptions”. Kindly note that the one mentioned in Item 5 – “Class of Drugs” (RMP) is exempted from all the provisions of Chapter IV of the Drugs and Cosmetics Act, 1940.
I thank you for taking pains to study Rule 65 in detail and regret to inform that the explanation given is on the wrong side. That rule is for the Drug stores and it say that they should not insist for a drug license number for selling drugs to a hospital, RMP, etc.
By accepting your views about “a registered medical practitioner”, that refers to a “single” doctor and he is exempted from taking a drug license. By hard luck, if more than “ONE” RMP work together under one roof, and they want to dispense their drugs to their patients from under the same roof, than they must obtain a Drug License to do that dispensing. I hope my conclusion is right, Sir.
In other words, under Indian Laws, “a”/”the” right enjoyed by “an” individual disappears when two or more of them sit together under a roof or in a room. Hope I am right, Sir.
Sir, “a”, “an” and “the” are used in English language freely and are called “articles”. Kindly note that the article “a” is not singular always. In the above Para I have used “a” or “the” and it is right. Kindly note that the meaning of the two sentences given below are not the same – 1. I read “a” book. 2. I read “the” book. Learn more about “articles” to understand them and writing anything.
Now coming to the other two phrases, “open shop & selling across the counter”, you gave a lay mans meaning. But failed to refer any authentic books. The phrase “open shop” is there in all dictionaries and “selling across the counter” is not there even in the world wide web (WWW). The phrase “selling over the counter” (OTC) is there and the meaning of that is not the meaning of the words in it.
Sir, kindly note that the judgment cited is “set aside” by the Hon. Supreme Court on 8 October 2003 by Shivaraj V Patil & B. M. Dearmadhikari JJ in Civil Appeal No. 8216 of 2001 — QPMPA vs State of Kerala.
Hope, I will get a better explanation to question the decisions taken by courts on this “Drug License” issue by the Courts.
Thank you Sir.
