Kota Kinabalu: A manager and a registered pharmacist were fined a total of RM7,000 for selling poison to a woman without prescription from a registered medical practitioner and failing to ensure retail sale of the poison not carried out without prescription.
Sessions Court Judge Hurman Hussain ordered the manager, 47, and pharmacist, 44, to pay fines after they separately pleaded guilty to the charges on Wednesday.
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The manager was fined RM3,000 in default two months’ jail for selling one stripes of labelled “Hovasc 10mg” containing ten white tablets which were found to contain Amlodipine, a poison listed under the First Schedule of the Poisons Act 1952.
The charge stated that she sold the product by retail to the woman, as a dispensed medicine without a prescription from a registered medical practitioner at noon on Feb 14, 2024.
The manager contravened Section 21(1)(c) of the Poisons Act 1952, which is an offence under Section 13(b) of the same Act and punishable under Section 32(2) of the same Act which provides for a fine of up to RM50,000, or a jail term of five years or both, on conviction.
And if the court is of the opinion that the violation is purposely or negligent which may cause harm and threaten to human’s life, an offender is liable to a fine of up to RM200,000 or a imprisonment term of up to 10 years or both, upon conviction.
Meanwhile, the pharmacist was ordered to pay RM4,000 or three months’ jail for failing to ensure that the retail sale of poison was conducted under her personal supervision, and as a result of that failure, a medicinal product containing poison was sold at retail without a prescription from a medical practitioner at the same place and time.
In mitigation, both of them asked for no custodial sentence and only fine to be imposed on them as they have children and family to look after.
The manager told the court that her husband was suffered stroke and that she was the one to support her family.
The pharmacist informed the court that it was her first offence and promised to ensure the offence would not be repeated.
According to the pharmacist, the offence was not intentional but due to her own oversight, and she has taken corrective steps to address the mistake.
However, Prosecuting Officer from Sabah Pharmacy Enforcement Branch Saifullah Al-Mujahidi Mohamad Uda urged the court to impose an appropriate sentence that could give a lesson not only to the two accused but other potential offenders.
He submitted that the duo were found to commit the offences during raid carried out as part of an integrated enforcement operation at the national level.
According to Saifullah, Amlodipine is a medication used to treat hypertension which is classified as a Group B Poison under the First Schedule of the Poisons Act 1952 and pursuant to Section 21(1)(c) of the Poisons Act 1952, Group B poisons may only be sold or supplied with a prescription issued by a registered medical practitioner.
He added that the offence is serious as the duo supplied a Group B Poison without a valid prescription, whereas such supply is subject to legal controls to ensure patient safety and prevent misuse.
“The sale without prescription has opened the door to the use of medication without proper medical supervision, incorrect dosages, and inappropriate treatment duration, thereby exposing users to serious health risks.
“This offence was committed in the course of business and involved sales to the general public, demonstrating an element of profit-making as well as an irresponsible attitude and disregard for the law,” he said.
