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DCO Authority vs Mushtaq Khokhar

CourtDistrict Consumer Court
Case No.Case No. 891
Date2012-02-21
Judge(s)District Sessions Judge
ResultN/A

Mushtaq Khokhar, the defendant wants to make a statement. Let it be recorded.

Sd/- District & Sessions Judge/District Judge Consumer Court Sahiwal Statement of Mushtaq Khokhar, the defendant.

My reply dated 27-01-12 submitted before District Consumer Protection Council, Sahiwal Mark-A may be treated as my statement before the court. I admit that the items mentioned in the report of DDO (H) Sahiwal dated 10-01-12 were recovered from my shop/clinic. I a neither a doctor nor I ever attended any patient. The clinic was being run by some other person and that person stopped visiting the clinic. I undertake to close the clinic forthwith. Further that I was not dealing with the business of selling of medicines. If I repeated the fault in future, I may be prosecuted and convicted under the relevant provisions of law. I tender apology for the act already done.

Sd/- District & Sessions Judge/District Judge Consumer Court Sahiwal DDO (health) Sahiwal visited the Mushtaq Clinic on 09-01-12 in connection with anti quackery campaign and found the defendant involved in medical practice at his clinic. He failed to produce any document/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.

Syp. Remisole (1)

Pyodine Solution (2) bottles.

Polyfax Plus eye Ointment(1)

Kidney Tray Curved forceps BP apparatus Stethoscope.

2. The defendant was summoned in the court. He appeared and made the aforementioned statement wherein he confessed his guilt with justification that clinic was being run by some other person who had left it. He tender 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 on 27-01-12 Mark-A is self explainatory.

3. The perusal of record i.e. written reply dated 27-01-12 and statement of the defendant made before this court, would show that the defendant was at fault. At the time of inspection, he was running the clinic where from some medicines were into possession by the raiding doctor. However, the defendant admitted that he was neither a doctor nor he was involved in medical practice. 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 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.

He can use the premises for the purpose other then clinic. The reference sent by DCO/Authority to this court is accepted in the terms recorded above.

4. File be consigned after its due completion.

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