Unlawful sales made to an agent of the News of the World newspaper led to a striking-off order being made by the Statutory Committee against a Middlesex pharmacist.
At its meeting on September 30, 1999, the committee inquired into the case of Mr Anant Kumar Popatlal Lakhtir Shah, of 2 Royston Park Road, Hatchend, Pinner, Middlesex, and Westmidian Ltd, trading as J. Edmunds, 47 Kingsland High Street, Dalston, London E8. Information had been received that on November 12, 1998, at Highbury Corner magistrates court, Mr Shah had been convicted of two counts of unlawfully causing an offence to be committed by Westmidian Ltd, of which he was a director and superintendent pharmacist. The offences involved the sales without prescription of a Controlled Drug and a prescription only medicine. Westmidian Ltd had been convicted of two charges arising from those offences. Mr Shah had been fined a total of £2,000 and ordered to pay £2,165 costs and the company had also been fined £2,000, with £2,165 costs.
Mr Shah was present at the inquiry and was represented by Mr G. Purves, of counsel, and Mr H. S. Bhachoo, solicitor, of Patel Law Partnership.
Mr G. R. F. Hudson, of Walker Martineau (solicitors), appeared in order to present the facts of the case to the committee.
The committee heard that the offences concerned the sale without prescription of 100 tablets of diazepam 5mg and 30 Prozac capsules. The sales had been made on September 10, 1997, to an agent at the instigation of a reporter from the News of the World. A few days before the sales were made, the agent had visited the pharmacy and spoken to an employee. The agent had asked to be supplied with certain medicines for sending to Africa, and had, correctly, been told by an assistant that some could be supplied but others could not as they were prescription-only.
On September 10, the agent returned, accompanied by a reporter, and asked Mr Shah for Prozac and Valium which he said were for his sick father in Africa. After some discussion about those and other medicines, the agent was sold 100 Valium tablets for £9.99 and 30 Prozac tablets for £32. The transaction was recorded on a video camera and tape recorder concealed in the agent's clothing.
The unlawful sales were reported as part of an article in the News of the World.
Giving the committee's decision, the chairman (Mr Gary Flather, QC) said that Mr Shah had claimed that he categorised the sales as being an emergency supply; the committee could not accept that. An entry in his prescription book purporting to cover the sale did not give adequate details and made no mention of diazepam. The containers in which the medicines were supplied had no pharmacy labels or patient directions.
Further, in discussion with the agent, Mr Shah had indicated that further supplies could be made if ordered by fax. That was appalling. It was demonstrating a willingness not only to act unlawfully but with a carelessness and irresponsibility totally unbefitting a pharmacist.
Mr Shah had been punished in the magistrate's court quite heavily. There was no allegation of misconduct arising out of unaccounted for stock, his premises were well run and he had provided good references. Nevertheless, concluded the chairman, the case was serious and the committee directed that Mr Shah's name should be removed from the register. An application for restoration would be considered after a year. Mr Shah had three months in which to appeal.
No order was made in respect of the company.