Medicines play a very important role in saving human lives and treating diseases. However, medicines are not ordinary goods like groceries or household items. If medicines are used without proper medical advice or are sold carelessly, they can harm people and even lead to serious health problems. In recent years, the problem of self-medication and misuse of certain medicines has been increasing. Therefore, it is important for the public to understand how medicines are legally sold and what responsibilities medical shop owners and consumers must follow.

Under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945, no person is allowed to sell medicines without obtaining a Retail Drug License from the Licensing Authority. This rule ensures that medicines are sold only through authorized medical shops and under the supervision of qualified professionals. In Jammu & Kashmir, drug licenses are issued by the Drugs & Food Control Organization (DFCO) under the Commissioner, Food & Drugs Administration. At present, the process of applying for a drug license has become easier because it is conducted through the Online National Drugs Licensing System (ONDLS). The applicant can submit the application and upload documents online.

One important feature of this system is that the applicant is normally not required to visit the office of the Licensing Authority or the Drug Control Office. The entire process is handled online, and physical documents generally do not need to be submitted. This system has made the process more transparent and convenient for applicants. As per Rule 59 of the Drugs and Cosmetics Rules, 1945, a person who wants to open a medical store must submit an application in the prescribed form along with the required documents and fees. After verification of documents and inspection of the premises, the license may be granted by the competent authority.

Another important requirement for opening a medical shop is the presence of a Registered Pharmacist. According to Rule 64 of the Drugs and Cosmetics Rules, 1945, medicines must be sold under the supervision of a pharmacist who is registered with the State Pharmacy Council. The pharmacist must remain present during working hours and ensure that medicines are given correctly to patients. The pharmacist should also wear a proper apron while on duty, so that people can easily identify the qualified person responsible for dispensing medicines.

The shop where medicines are sold must also meet certain basic standards. Generally, the premises should have at least 10 square metres of area for retail sale of medicines. Proper storage arrangements must be available, including a refrigerator for medicines that require cold storage, as required under Schedule N of the Drugs and Cosmetics Rules, 1945. In the present circumstances, installation of CCTV cameras in medical shops is also encouraged to promote transparency and prevent misuse of medicines. Another very important rule relates to the sale of medicines only on the prescription of a doctor. Under Rule 65 of the Drugs and Cosmetics Rules, 1945, many medicines cannot be sold without a valid prescription from a registered medical practitioner. Medical shop owners must ensure that such medicines are given only after checking the doctor’s prescription. They must also provide a proper cash receipt or bill to the customer.

This rule is extremely important because self-medication is increasing in many parts of Jammu & Kashmir. Many people purchase medicines directly from shops without consulting a doctor. This can be dangerous because the wrong medicine or wrong dosage can cause serious health problems.

Medicines are also divided into different Schedules depending on their nature and risk. For example, Schedule H medicines can be sold only on a doctor’s prescription. Schedule H1 medicines include certain antibiotics and other important drugs for which pharmacists must keep proper records of sale. These rules help prevent misuse and overuse of important medicines.

A special category of medicines is listed under Schedule X. These medicines are strictly controlled because they have a high risk of misuse and addiction. Their sale is allowed only on a valid doctor’s prescription, and the pharmacist must maintain a separate register recording all details of the sale. In Kashmir, there have been concerns about the misuse of certain medicines, and therefore strict control over Schedule X drugs is very important to prevent substance abuse.

Many people also believe that medical shops are not allowed to offer discounts on medicines. In reality, there is no legal provision under the Drugs and Cosmetics Act that prohibits shop owners from offering discounts. Medical shop owners may provide discounts as part of normal business practice, provided that the medicines are genuine and all legal requirements regarding prescription and sale are followed.

Another issue often raised by applicants is about affidavits. In recent years, the Government of India has taken steps to reduce unnecessary paperwork in public services. Therefore, affidavits attested by Judicial Magistrates are generally not required for routine applications. In most cases, self-attested declarations are considered sufficient, unless a specific law requires otherwise.

Under the Jammu and Kashmir Public Services Guarantee Act, 2011, public services must be delivered within a specified time. In normal circumstances, a retail or wholesale drug license should be issued within about 30 working days from the date of submission of the application, provided all required documents are complete and the premises meet the prescribed conditions.

If any difficulty arises during the licensing process or if the license is not issued within the expected time, the applicant may contact the concerned authorities for assistance. Applicants may reach out to the State Drugs Controller, J&K at controllerdrugsfoodjk@gmail.com. They may also contact the Commissioner, Food & Drugs Administration, J&K at cfsjandk.fnd@jk.gov.in or cfsjandk@gmail.com.

The purpose of these rules is to protect public health and ensure responsible use of medicines. Medicines must always be handled carefully by pharmacists and used responsibly by patients. People should avoid purchasing medicines without consulting a doctor and should always follow the prescribed treatment.

We all need to understand that medicines should be treated as life-saving health products and not as ordinary goods. If medical shop owners follow the rules strictly and people use medicines responsibly, it will help protect society from the dangers of drug misuse and substance abuse.

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