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2006 Supreme(Raj) 200

Y.R.MEENA, K.C.SHARMA
Vinod Kumar Singhal – Appellant
Versus
The Secretary, Medical and Health Department – Respondent


Advocates Appeared:
Mrs. Naina Saraf , for the Petitioner.
Mr. G.S. Gill, Additional Advocate General, for the State.
Mr. P.K. Sharma, Mr. Azad Ahmed and Mr. Pancham Surana, for the Respondents.

Judgment

1. By this writ petition, in the nature of Public Interest Litigation, the petitioner has prayed as under : -

"(i) By an appropriate writ, order or direction the respondents be directed to take all necessary steps to stop the publishing vulgar and fraud advertisements;

(ii) By an appropriate writ, order or direction the respondents be directed to take action against the companies, clinics, institutions and centres news papers which are misguiding and cheating the innocent public/society through the media and as per law punish them".

2. Some photo copies of the advertisement published in the newspapers have also been annexed in the petition. The case of the petitioner is that publication of these advertisements in the newspapers are contrary to the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (hereinafter to be referred as ‘the Act).

3. Notices were issued in this petition and reply has been filed by Respondent No. 1 and Respondent No. 5. In reply, it is stated by Respondent No. 1 that in the present Act only objectionable advertisements of drugs are covered and treatment by any medical practitioner is not yet covered in the Act. Some p


































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