Kota Kinabalu: A higher learning institution student was fined RM5,000 or five months’ jail by the Sessions Court here Tuesday on two counts of selling unregistered products and having for sale poison without a licence worth a total of RM2,419, five years ago.
Sh. Nur Ain Farahin Sh. Sahar, 26, pleaded guilty before Judge Elsie Primus to both offences committed at 11.45am on July 4, 2018 at a vendor lot at EG Mall Servay Jaya, Jalan Goshen, in Kota Marudu.
Nur, on the first count, was fined RM2,000 or two months’ jail for having 13 various types of unregistered products, including men’s sexual stimulants and slimming products.
Nur had violated Regulation 7(1)(a) of the Control of Drugs and Cosmetic Regulations 1984 and committed an offence under Regulation 30(1) of the same Regulation, which is punishable under Section 12(1) of the Sale of Drugs Act 1952, which provides for a fine of up to RM25,000 or jail term of up to three years, or both, on conviction.
On the second charge, Nur was fined RM3,000 or three months’ jail for having for sale 14 bottles of Dyriton syrup containing Chlorpheniramine and 90 pills of Medofulvin 125 containing Griseofulvin without approval or authorisation under the Poisons Act 1952.
Both Chlorpheniramine and Griseofulvin are poisons scheduled under the Poisons Act 1952.
The offence under Section 13(a) of the Poisons Act 1952 is punishable under Section 32(2) of the same Act, which provides for a fine of up to RM3,000 or up to a year’s jail, or both, on conviction.
The offender could be fined up to RM5,000 or maximum imprisonment of two years, or both, if in the opinion of the court the offender’s actions amounted to wilful default or culpable negligence, which endangered or was likely to endanger human life.
Nur, who was not represented, requested for a lower fine, saying she is still studying in a university and has no income, adding that she had closed the premises after the incident in 2018.
Prosecuting Officer Abu Suffian A. Rahman from the Pharmacy Department applied for an adequate sentence, as the offences committed could risk the public’s health.
Abu submitted that the safety of unregistered products was doubtful because they may be manufactured in illegal factories and the product manufacturer cannot be identified and no party can be held responsible if something happens to the user.
He further submitted that the antifungal (Griseofulvin) and anti-inflammatory (Chlorpheniramine) products could not be sold without a prescription from the medical doctor.
“Uncontrolled use of the poisonous products is very dangerous due to long-term side effects such as liver damage,” he said, adding the present products sold were from a convenience store by a worker who has no knowledge at all in medicine and are very dangerous to consumers.
Nur paid the fine.
