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K. SURENDER
Megha More – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Writ Petition No. 11186 of 2016 is filed by petitioners/A1 and A2 and Writ Petition No. 14209 of 2016 is filed by petitioner/A3 to quash the proceedings against them in C.C. NO. 1933 of 2015 on the file of III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The case is filed under Section 3(d) and Section 7, r/w Serial No. 9, 26 and 47 in schedule appended to Drugs and Magic Remedies (Objections Advertisement) Act, 1954 (for short ‘the Act’). Since the petitioners are shown as accused in the same case, they are being heard together and disposed off by way of this Common Order.
2. According to the 2nd respondent/Drug Inspector, on credible information, the Drug Inspector along with other personnel on 05.06.2015 inspected the premises of True Weight Wellness Private Limited and found certain products for marketing and distribution. LW-1 inspected the firm and identified 5 products which were labeled in contravention of provisions of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954:
The court emphasized that the products did not fall within the definition of a drug and were sold as food items certified by FSSAI, thus the provisions of the Magic Remedies Act of 1954 do not apply.
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....
The court emphasized accountability for misleading advertisements affecting public health and directed ministries to examine their enforcement actions.
Marketers cannot be held liable for misbranding under pre-amendment rules without mens rea.
The popular meaning of the word drug includes substances intended to be used for the destruction of vermin or insects that cause disease in human beings or animals.
Participation in the act of exorcism constituted an offense under Section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
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