Karnataka HC: Snapdeal is not liable for Sale of Erectile Dysfunction Tablets through its Platform

snapdeal Law Insider

Khushi Doshi

Published on: March 15, 2022 at 17:00 IST

The Karnataka High Court recently nullified Criminal Proceedings against Snapdeal and its two Directors, Kunal Bahl and Rohit Kumar Bansal, for offering a platform for the Marketing and Sale of a Drug without a Valid Licence under the Drugs and Cosmetics Act, 1940.

The Case was Dismissed by Justice MG Uma of the High Court’s Dharwad Bench on the Grounds that the Complaint was delayed and that Snapdeal, as an intermediary, could not be held Liable for the actions or inactions of a Vendor who uses the Website’s Facilities.

The Petitioners, Snapdeal Pvt Ltd, and the Directors of Snapdeal, Kunal Bahl and Rohit Kumar Bansal, had brought Proceedings seeking to nullify Criminal Proceedings begun against them for Violations under Sections 18(c) (Prohibition of production and marketing of certain drugs and cosmetics), Punishable under Sections 27(b)(ii) (penalty for manufacture, sale, of drugs without a valid licence) and 28 (Penalty for non-disclosure of the name of the manufacturer) of the Drugs and Cosmetics Act, 1940.

Snapdeal, an Online Marketplace for the Marketing and Sale of Consumer Goods, was sellingSuhagra tablets, a Prescription Medicine used to Treat Erectile Dysfunction in men.

According to the Prosecution, they received Credible information that the drugs were being sold without a Valid Licence.

The Complainant, a Drugs Inspector, conducted a thorough Investigation and discovered that the Information was correct.

As a result, the High Court granted the Petition and Quashed the current Criminal Proceedings against Snapdeal, Kunal Bahl, and Rohit Kumar Bansal for Illegally Selling Drugs.

The Petitioners were represented by Senior Advocate CV Nagesh and advocate SS Poovayya, while the State was represented by High Court Government Pleader Praveen Uppar.

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