IMPORTANT POINT
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.

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:

(i) ‘Three grain Upma’ labeled as combination of whole grain oats, semolina rice flakes and vegetables makes this product very good source of protein, fiber and complex carbohydrate and it is also rich in B-Glucan a special type of fiber which is very beneficial for lowering cholesterol and heart diseases.

(ii) ‘True weight wheat grass’ labeled as that it is powerful detoxifier and liver and blood protector. It increases red blood cell count and lowers blood pressure. It cleanses the blood, organs and gastrointestinal tract of debris. It stimulates the thyroid gland correcting obesity and indigestion. It provides chlorophyll, aminoacids, minerals, vitamins and enzymes.

(iii) ‘True weight super fiber’ labeled as super fiber is a perfect combination of soluble and insoluble fiber sources which increases metabolic rate. It is also beneficial in treating diabetes and high cholesterol and weight loss.

(iv) ‘True weight’ tea tox labeled as boost metabolism perfects detox for your body. Aids in weight loss.

(v) ‘True weight super juice’ is labeled as super juice; it is manufactured based on age old remedy, which is beneficial for your health and weight loss.

3. In all the above products, the words used were found to be misleading in nature and would influence the patient for self medication. According to the Drug Inspector, the claims made by the manufacturer as stated above were in violation of the provisions of the Act of 1954, punishable under Section 7 of the Act.

4. The definitions under the Act are:

(a) advertisement' includes any notice, circular, label, wrapper or other document and any announcement made orally or by any means of producing or transmitting light, sound or smoke.

(b) drug includes:

(i) a medicine for the internal or external use of human beings or animals.

(ii) any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals.

(iii) any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals.

(iv) any article intended for use as a component of any medicine, substance or article, referred to in sub-clauses (i), (ii) and (iii).

(c) ‘magic remedy’ includes a talisman, mantra, kavacha and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals.

5. Learned counsel for the petitioners submits that since it is not claimed on the label of the items that it is a remedy or cure for any disease and that it was a drug, the provisions of the Act do not apply.

6. On the other hand, learned Government Pleader for Medical and Health appearing for the respondents would submit that it is mentioned on the label that it is for d