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2010 Supreme(Mad) 423

V.DHANAPALAN
Dr. G. P. Hahnemann – Appellant
Versus
The Drug Controller of Tamil Nadu, Teynampet, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioner:G.R. Swaminathan, Advocate.
For the Respondents: R1 & R2 - K.M. Vijayakumar, Spl. Govt. Pleader, R3 & R4 – Senthivelan, CGSC.

Judgment :

1. Theprayer in the Writ Petition is for a Writ of Mandamus to forbear the respondents and their subordinate officials from interfering with the right of the petitioner to keep homeopathic dilutions in 500 millilitres pound pack.

.2. According to the petitioner, he is a qualified Homeopathic Doctor and a member of the Central Council for Homeopathy. The said Council has been constituted by the Central Government. While so, the Central Government has amended Rule 106B of Drugs and Cosmetic Rules,1945 (hereinafter referred to as the Act) and in terms thereof, no homeopathic medicines containing more than 12% ethyl alcohol shall be packed and sold in packing or bottles more than 30 millilitres except that it may be sold to hospital / dispensaries in packing or bottles of not more than 100 millilitres. The said Rule was challenged by some of the Pharmaceuticals before the High Court of Allahabad and the High Court of Delhi and on 112. 2004, an order of interim stay was also granted initially by the High Court of Allahabad. It is also stated that in view of the amendment, the Drug Inspectors are conducting inspection and causing unnecessary harassment to Homeopathic Clinics
























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