Registered practitioners of Indian System of Medicine are eligible to practice Allopathy to a limited extent based on their qualifications and the circular issued by the Health and Family Welfare Department.

JUDGMENT

(Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the Charge Sheet registered in C.C.No.8 of 2018, dated 25.01.2018 on the file of the Judicial Magistrate No.1, Salem.)

1. The Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, seeking to call for the records and quash the Charge Sheet registered in Crime No.168 of 2017 dated 25.01.2018 in C.C.No.8 of 2018, on the file of the learned Judicial Magistrate No.1, Salem.

2. The Block Medical Officer, Government Primary Health Centrw, Panamarathupatty, Salem District, on the orders of the Joint Director, Medical Department, Salem had conducted raid in the premises of the petitioner namely, “Shree Senthil Balaji Polyclinic” on 09.10.2017 and found that the petitioner having been studied BHMS Homoeopathy Medicine had been practising in Allopathy Medicine and seized Allopathy Medicine from the clinic of the petitioner. Based on the above complaint dated 09.10.2017, the respondent police had registered FIR on 09.10.2017, against the petitioner in Crime No.168/2017 under Section 15(3) of the Indian Medical Council Act, 1956 and under Section 420 of the Indian Penal Code. Challenging the same, the above Criminal Original Petition is filed.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side).

4. The case of the petitioner is that he had completed BHMS (Bachelor of Homoeopathic Medicine and Surgery), from the Tamil Nadu Dr.M.G.R.Medical University and registered himself in the Tamil Nadu Homoeopathy Medical Council and thus, the petitioner is a registered medical practitioner in Indian System of Medicine.

5. My attention is drawn to the Circular dated 15.10.2010 issued by the Health and Family Welfare Department, Government of Tamil Nadu, wherein it has been already held that “the institutionally qualified Practitioners of Ayurveda, Sidddha and Unani, who are registered in the Tamil Nadu Board of Indian Medicine, Chennai are eligible to practice in the respective system with Allopathy based on the training and teaching they had in the Course. But they cannot exclusively do the practice in Allopathy Medicine.”

6. Learned Counsel for the petitioner relied upon the decisions of this Court in (i) WP (MD) No.7678 of 2010 dated 11.02.2011, (ii) 2010 SCC OnLine Mad 4034, (iii) WP (MD) No.10041 of 2017 dated 25.05.2017 and (iv) Crl.O.P.(MD). No.5596 of 2015 dated 25.08.2015, to the effect that to a limited extent, the petitioner, who has completed BHMS (Bachelor of Homoeopathic Medicine and Surgery), can use the Allopathy medicines and a circular was also issued to this effect. The Circular issued is as follows:

"Rc.No.147472/Cr.IV (2)/2010 Office of the Director General of Police Chennai-600 004.Dated:19.06.2010

CIRCULAR MEMORANDUM

Sub: Indian System of Medicine-Police action against qualified Indian Medicine Doctors-Instructions issued Regarding.

Ref: Govt.Lr.No.22715/lM ll(2)/Health Family Welfare Department, dt.15.06.2010 & 16.06.2010 ... In the reference cited, the Government have stated that the Police Department in the course of their action against the Quacks has inspected the clinics run by the registered medical practitioners in Siddha, Ayurveda, Homoeopathy and Unani and arrested some of them as if they had practiced Allopathy System of Medicine. The Government have informed that as per section 17(3) B of the Indian Medicine Central Council Act, 1970 the institutionally qualified practitioners of Siddha, Ayurveda and Unani Tibb Homeopathy are eligible to practice respective systems with modern scientific medicine including Surgery and Gynecology Obstetrics, Anesthesiology, ENT, Opthalmology etc based on the training and teaching.

2) Hence all Commissioners of Police/Inspectors General of Police, Deputy Inspector General of Police and Superintendents of Police are requested to instruct the Police Officers in the Cities and Districts