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HC slashes ban on Malad pharmacy

The medical store was the first to receive a harsh punishment of a life ban for the offence of selling over-the-counter drugs.

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The Bombay high court on Monday cut short to four months a ban slapped on a pharmacy at Malad by the Food and Drug Administration (FDA), for selling medicines without a prescription.
The medical store was the first to receive a harsh punishment of a life ban for the offence of selling over-the-counter drugs.

While reducing the penalty, the division bench of justices PB Majmudar RD Dhanuka issued a “last warning” and directed Mahadev Gavale, the owner of Shree Samarth Medical and General Stores, to keep his shop shut for four months. It, however, granted him two weeks to dispose of stocked goods.

According to Gavale’s plea on September 28, 2011, a drug inspector visited the pharmacy and found several discrepancies in the dealings there. A show-cause notice was then slapped on him on October 21. In his reply to the notice, Gavale argued that he had not committed any fault and that he was not liable to face any action under law.

The assistant commissioner of zone VII, though, issued an order imposing a life ban on the store. Gavale challenged it before the appellate authority, which turned down his plea. He then moved the HC.

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