Kota Kinabalu: A shop owner in Ranau was fined a total of RM3,000 by the Sessions Court, here, on two charges of possessing unregistered pharmaceutical products and unnotified cosmetics.
Salman Khan Raj Muhammad, 27, pleaded guilty before Judge Hurman Hussain to both charges.
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On the first charge, Salman was ordered to pay a fine of RM1,000 or serve one month’s jail for possessing six types of unregistered products at Gunung Maju Trading Sdn Bhd in Kundasang town, Ranau, at about 11.50am on June 12, 2024.
The items included Freshcare Citrus (five units), Krim Herba Ubat Gatal (13 units), Brilliant Rejuv Topical Cream (13 units), Brilliant Rejuv Topical Solution (12 units), Tincture of Benzalkonium Chloride 0.125 per cent (90 units), and Montalin (six units).
Salman had breached Regulation 7(1)(a) of the Control of Drugs and Cosmetics Regulations 1984, an offence under Regulation 30(1) of the same Regulations, punishable under Section 12(1) of the Sale of Drugs Act 1952.
The first offence carries a fine of up to RM25,000, or a jail term of up to three years, or both, while subsequent offences carry a fine of up to RM50,000, or a jail term of up to five years, or both, on conviction.
On the second charge, Salman was fined RM2,000 or two months’ jail for possessing 14 types of cosmetics which were not notified to the authorities, including 701
Collagen Soap, Collagen Plus Vitamin E Day and Night Cream, 701 Collagen Whitening Facial Serum, Yanko beauty products, Papaya Whitening Soap, and Extra Strength skincare products.
The offence violated Regulation 18A(1)(a) of the Control of Drugs and Cosmetics Regulations 1984 and Regulation 18A(15) of the same Regulations, punishable under Section 12(1) of the Sale of Drugs Act 1952.
Pharmaceutical prosecuting officer Muhammad Nurhalimi Ahmad Azmil urged the court to impose an appropriate and deterrent sentence, stating it would not only teach the accused a lesson but also serve as a warning to others against committing similar offences.
Nurhalimi said investigations by the National Pharmaceutical Regulatory Agency (NPRA) confirmed that six types of the seized products were unregistered pharmaceutical products, and 14 were cosmetics that had not been notified to the authorities.
“The unregistered products and unnotified cosmetics have not been tested or evaluated by the Drug Control Authority; therefore, their quality, safety, and effectiveness cannot be assured, posing potential risks of harmful side effects to the public,” he added.
The prosecution also noted that the total value of the seized items was RM5,305.
Earlier, Nurhalimi told the court that on the day of the incident, the Sabah Pharmacy Enforcement Branch inspected the premises and carried out checks in the presence of a shop assistant.
This led to the discovery of 17 types of products suspected to be unregistered or unnotified, all of which were seized and listed in an inventory, with a copy given to the shop employee.
Subsequent investigations by the NPRA confirmed six unregistered pharmaceutical products and 14 unnotified cosmetics.
Further checks with the Ranau District Office showed that Salman was the registered owner of the business and responsible for the products found on the premises.
