Mumbai: A sessions court has acquitted an employee of a firm in the case of selling Spasmo Proxyvon containing Dextropropoxyphene – medicines meant for acute pain, which were reportedly banned, deemed dangerous for consumption and potentially fatal. A government notification, dated May 23, 2013, imposed several restrictions on sale and purchase of the medicine, claimed the prosecution.
It said that the Food and Drug Administration (FDA) had on July 12, 2013, raided the premises of Umanath Rege’s firm, M/s. Durga Enterprises, located in Lower Parel. Though nothing was found on the premises, the officials discovered that a stock of the 'banned' drug – 29,260 strips containing 466,560 capsules – was sold to two other companies without a license.
Following a complaint by the FDA, a case was lodged against Rege with the NM Marg police. His employee, Sompal Singh, was also booked as he was present during the raid and had knowledge of the drug. Pending trial, Rege passed away, leading to the case against him being abated, while Singh continued to face trial.
Acquitting Singh, the court observed, “Mere possession of such an article without a license cannot be considered conclusive proof that it was either poison or a stupefying, intoxicating or unwholesome drug.”
The judge noted that during the raid, no drug was seized and the entire episode pertained to the prior sale. There was no evidence to confirm that the medicines were banned substances, the court ruled.
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