Kindly sought out our matters.. We are from Haryana and engaged in online business of ayurvedic / otc medicines / products since 2013 through amazon.in, shopclues.com and a few more.
Innocently we started to sell Viagra through one of the said websites in 2014, because when we saw the product is available on the website, we got it easily from local market without bill and started to sell it.
In this regard two assistant drug controllers of Maharashtra from different locations bought this product in December 2014 @ Rs 180 and @ Rs 161 (Viagra) and came to our office in November 2015 with local drug inspector for inspection and asked us for invoices of the products while showing that product to us. Since while inspection they did not recover any of Viagra products from our ware house, we denied that the product was not supplied by us. They had only computer generated invoices which were generated by the ecommerce portal where we were selling this product. We donít maintain record of the portal generated invoices due to wrong tax ratio and prepare invoices at our end for sales tax and our record purpose. Further we never repapered any invoice of this product which is in our record. The product is allopathic and required drug license to sell it which is not available with us.
The team recorded our statement and taken our sign of the delivered product which was with them and also taken copies of some of our record invoices both of sale and purchase.
To be noted the firm is with name of my wife and I am the final decision maker and person in charge, which was also mention in the statement recorded by the team.
Now in January 2017 we have received notices from both of the said assistant drug controllers separately from different locations of Maharashtra separately to me and my wife. In these notices they have asked for the purchase invoice of the sold product as mentioned above, and asked that if we shall not provide invoices as they required they will take legal action under section 18a of drugs and cosmetics act 1940
Sir now my queries are:
1 Can they take legal action after two years since two years have been passed after transaction?
2 Can they file cases against us in Maharashtra? Or Haryana?
3 Can they file cases in both locations separately in Maharashtra if in Maharashtra?
4 Can they also file case against both of us i.e. me and my wife, since we stated that I am the fully in charge of the firm in the recorded statement?
5 What is the punishment for the said incident and to whom the punishment may be given, me or my wife or both?
6 Will anticipatory bail works in this matter in case?
7 Should we reply to the received notices?
8 Is any legal notice required before filing the cases since we have received notice from Assistant Drug Controller office?
Waiting for your reply eagerly.