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2013 Supreme(Bom) 835

A.S.OKA, MRIDULA BHATKAR
GMT Teleshopping Private Limited – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Shri ASPI CHINOY, Senior Advocate with Shri B.N. POOJARI i/by Asian Patent Law for the Petitioner.
Shri G. HARIHARAN i/by Dr. T.C. KAUSHIK for Respondent No. 1.
Shri A.A. KUMBHAKONI with Mrs. M.P. THAKUR, AGP for Respondent Nos. 2 to 7.
Shri RISHIKESH SONI i/by DSK Legal for Respondent No. 8.

Judgment

A.S. OKA, J.

The Petitioner Company carries on business, inter alia, of retail/direct marketing of products. It is stated that the Petitioner is marketing' a product known as "STEP-UP Body Growth Formula" manufactured by M/s. Siddhi Vinayak Herbals at village Anandnagar, Gwali Palasiya, Tehsil Mhow, District Indore, Madhya Pradesh. There is a license issued by the Licensing Authority, the Indian System of Medicine & Homeopathy, Madhya Pradesh to M/s Siddhi Vinayak Herbals to manufacture SET-UP Body Growth Formula Powder which is a proprietary ayurvedic medicine. The Petitioner has stated that the said license has been issued on 29th January 2011. The Petitioner got scripts prepared for advertising the said product on television channels. The Petitioner by this petition has challenged the action of the Food and Drugs Administration of the State of Maharashtra of issuing communications to various television channels. By the said communications, the channels have been informed that under the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (hereinafter referred to as the said Act of 1954), no person shall take any part in the publication of an
























































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