Irshad Ali, the defendant wants to make a statement. Let it be recorded.
Sd/- District & Sessions Judge/District Judge Consumer Court Sahiwal Statement of Irshad Ali, the defendant.
I admit the allegations contained in the claim filed U/s 23(4) of the Punjab Consumer Projection Act 2005. However, I submit that I am a qualified dispenser. In this connection, I rely upon certificate of enrolment Mark-A, dispenser certificate issued by the Punjab Medical Faculty Mark-B and result card of B.Sc Mark-C. I assure this court not to run the clinic independently and use allopathic medicines. I am simply dispenser. In future, I shall work with a doctor and shall not run the clinic without supervision of qualified doctor. I tender un-conditional apology for the fault already committed. I shall stop using allopathic medicines/syrininges in violation of Allopathic Ordinance LXV 1962. If I repeated the fault in future, I may be prosecuted and convicted under the relevant provision of law. I was, running a mobile easy card shop and tuition centre. Some co-villager made a false complaint against me. However, allopathic medicines enumerated in report of DDO Health were available in the shop but for first and purposes only.
Sd/- District & Sessions Judge/District Judge Consumer Court Sahiwal
1. DDO (health) Sahiwal visited the Irshad Clinic on 10-01-12 in connection with anti quackery campaign and found the defendant involved in medical practice at his clinic. He failed to produce any documents/certificate in his favour regarding medical practice.
He was treated as a quack who was involved in medical practice in violation of Allopathic Ordinance LXV 1962/Punjab Consumer Protection Act 2005. following items were taken into possession by DDO (H) from the clinic of the defendant Inj: Lincomicine (1)
Inj: Lignoeain (1)
Inj: B/12 Inj: B/12 (3)
Cap. Otc (20)
Cap. Loperamide (10)
2. The defendant was summoned in the court. He appeared and made the aforementioned statement wherein he confessed his guilt with justification that he maintained a tuition center/mobile easy load shop at his village wherein he kept some medicines for first aid. He also have a clash with some of his villagers who made a complaint against him. He tendered apology with assurance that he shall close the clinic forthwith and shall not involve in such type of practice in future. The statement of the defendant made before this court as well as before District Consumer Protection Council Mark-A is self explainatory.
3. The perusal of record i.e written reply Mark-A and statement made before this court, would show that the defendant was at fault. At the time of inspection, he was running the clinic wherefrom some allopathic medicines were taken into possession by the raiding doctor which he was not authorized to maintain. However, the defendant admitted that he being a dispenser, had kept some medicines at his tuition center for first aid. He has assured to close the clinic forthwith.
Despite all that, the omission committed by the defendant cannot be ignored. Keeping in view the fact that it was his first fault/mistake and he has tendered apology, while taking a lenient view, he is burdened with a fine of Rs. 5000/- (five thousand) which shall be deposited in the bank on or before 27-02-12. The defendant is further warned to remain careful in future to run his clinic independently and if he repeated the fault/omission, he shall be prosecuted and convicted under the relevant provisions of law. The premises of the defendant, if already sealed, shall stand de-seal.
The reference sent by DCO/Authority to this court is accepted in the terms recorded above.
4. File be consigned after its due completion.