RMT. TEEKAA RAMAN
Dharma Pharmacy Pvt. Ltd. , Tamil Nadu, Rep. by its Director, V. Dharmalingam – Appellant
Versus
State of Tamil Nadu, Rep. by T. Gowri, Drugs Inspector, Chennai – Respondent
JUDGMENT
(Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.6352 of 2016 on the file of the X Metropolitan Magistrate Court, Egmore, Chennai – 600 006 and quash the same.
This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.2841 of 2016 on the file of the IV Metropolitan Magistrate Court, Saidapet, Chennai – 600 016 and quash the same.)
Common Order
1. As petitioners and the issue involved in both the Criminal Original Petitions viz., Crl.O.P.Nos.4847 of 2017 and 27548 of 2016 are one and the same, by consent, they were taken up together and the submissions of the learned counsel on either sides were heard.
2. The brief facts of the case are as follows:
(i) On September 2015, an advertisement has been published in the monthly magazine viz., “Health Choice”, Volume 8, Issue 9, Page 39 with respect of a drug “UTRAVIT-Syrup 200 ml” with the claim that the said drug is a remedy and cures “Menstrual disorders in women and Disease and Disorders of the uterus, Disorders of menstrual flows and Female diseases (in general)” “TAMIL” was noticed by the then Drugs Inspector within h
The main legal point established is the validity of prosecution initiated by the Drugs Inspector under the Special Act and the need for regulation of online advertisements of drugs and medicinal tabl....
Drugs Inspectors under Section 8 of 1954 Act lack statutory power to file direct complaints; must forward to police for FIR as per Supreme Court directions; existing complaints quashed for procedural....
Sildenafil Citrate is an allopathic drug and it cannot be used by anybody else unless a person who holds licence for it.
Prohibition of manufacture and sale of certain drugs and cosmetics - Quashment of complaint - Very fact of selling this drug as one of ingredients in Ozomen capsule and not displaying name in prescri....
Unauthorised sale of drugs and violation of license conditions – Section 468 of Cr.P.C. is not applicable.
Point of Law : There is a blatant violation of the provisions of Rule 1945 and Act 1954. Rule 170 prohibits the advertisement of Ayurvedic, Sidda or Unani drugs without permission. Moreover Rule 170(....
The main legal point established in the judgment is that the inherent powers of the High Court should be exercised sparingly and with caution, and that the complaint disclosed a cognizable offence un....
Point of Law : As per Section 19 of the D.C. Act, the manufacturer can take the plea in respect of the test analysis.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.