I was sold a banned drug in Kolkata, is the pharmacy liable?
SM Asked by Smriti Dubey from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
Selling banned drugs is illegal under West Bengal Premises Tenancy Act 1997 and the Drugs and Cosmetics Act, and is a serious offense. The Calcutta High Court has held that pharmacies selling banned drugs are liable for criminal prosecution and consumer compensation.
In Kolkata, you can file a police complaint and a consumer complaint simultaneously. The Calcutta High Court has directed drug controllers to cancel licenses of pharmacies selling banned substances.
Under West Bengal Premises Tenancy Act 1997, the consumer commission can award compensation for any harm caused by the banned drug. You should report the pharmacy to the state drug controller in Kolkata with the bill and packaging as evidence.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.