A PHARMACIST who sold nearly two million sleeping tablets and anti-depressants illegally has been spared a trip to jail because it took six years to bring him to justice.

Darren Kellett, 54, received envelopes of cash for handing over thousands of boxes of Class C drugs without authorisation, York Crown Court heard.

But delays in the investigation by the Medicines and Healthcare products Regulatory Authority (MHRA) meant he was not charged for years.

Kellett, who ran three pharmacies in North Yorkshire and Leeds, pleaded guilty to charges of supplying diazepam, zopiclone, zolpidem and nitrazepam between January 2, 2014 and July 20, 2016.

All four drugs are prescription only medicines and cannot be supplied on a wholesale basis without a Home Office licence, the court heard.

He now faces being struck off as a pharmacist and an assets confiscation hearing later this year.

“This is an unusual case,” said the Recorder of York, Judge Sean Morris.

“Had this been brought in proper time, undoubtedly there would have been an immediate prison sentence, because it is crucial that the legitimate trade in drugs operated by pharmaceutical businesses is just that, legitimate.”

He told Kellett: “It would be unconscionable after such a lengthy time for me to send you away.”

A High Court judge had earlier criticised the time the investigation had taken in a separate hearing.

Kellett, of Pickering Road, West Ayton, was given a two-year prison sentence suspended for a year.

Prosecuting, Rupert Jones said although Kellett had a licence to dispense drugs to fulfil doctors’ prescriptions, he did not have a wholesale drug sales licence.

When pharmacy inspectors told him this, he claimed he had no intention of making wholesale drug sales.

Giving evidence, Kellett admitted he had then supplied 10,000 boxes of pills in a sale on June 5, 2015, and 11,000 boxes a time in sales on July 10, 2015, August 10, 2015, September 7, 2015, October 5, 2015 and November 4, 2015.

“You had sold .... nearly 2 million tablets or close to it, knowing you were not allowed to do it?” asked Mr Jones.

“I made a mistake, yes,” replied Kellett.

Mr Jones said the MHRA investigation had been a complex one.

Kellett’s barrister Wendy Hewitt said the case was a “sorry, sorry end” to a long successful career which had cost Kellett financially and affected his marriage and his health.

The offences had been driven by commercial reasons, rather than any involvement in the criminal underworld.

An MHRA spokesperson said: “Patient safety is always our highest priority.

“It is a criminal offence to sell or supply controlled medicines without the appropriate authorisations.

“The defendant in this case, a registered pharmacist, pleaded guilty to four counts of unlawfully supplying controlled medicines used to treat a number of medical conditions, including sleeping disorder and anxiety.

“If you think you have been offered a medicine illegally or have any information about suspected or known illegal trading in medicines, please contact the MHRA.”