The High Court of Karnataka has quashed legal proceedings initiated towards e-commerce web site snapdeal.com and its chief govt officer Kunal Bahl and chief operative officer Rohit Kumar Bansal throughout June 2020, for enabling sale and provide of a drug in contravention of the provisions of the Drugs and Cosmetics Act, 1940.
“An intermediary as defined under Section 2(w) of the Information Technology Act or its directors/officers would not be liable for any action or inaction on part of a vendor/seller making use of the facilities provided by the intermediary in terms of a website or a market place,” the High Court held, counting on a verdict by the Supreme Court.
Justice Suraj Govindaraj handed the order whereas permitting the petitions filed by the corporate and its chief executives difficult the cognisance of offence taken towards them by a court docket in Mysuru in June 2020.
The Drugs Inspector (Intelligence), Mysuru, had complained that snapdeal.com allowed sale of Suhagra-100 tablets (sildenafil citrate 100 mg) throughout 2014 by a producer primarily based in Haryana, and the pill was delivered to an individual in Karnataka in November 2014 by snapdeal.com.
Apart from holding that the middleman just isn’t accountable for prosecution for lapses by distributors/sellers, the court docket discovered no justification for the delay of six years in lodging the grievance by the medication authorities. The court docket additionally discovered that Snapdeal had accomplished due diligence of vendor as per the regulation and had initiated motion on the seller of the drug as per regulation, performing on initiation by the medication authorities.