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M/s. Creative Disgnostic Medicare Pvt. Ltd., Represented by Satish Sadanand Karekar, Director & Others v/s The State of Tamilnadu rep. by M. Rani, Drugs Inspector, Chennai


Company & Directors' Information:- CREATIVE LTD [Active] CIN = U19129WB1991PLC053780

Company & Directors' Information:- D. S. MEDICARE PRIVATE LIMITED [Active] CIN = U85100WB2008PTC129181

Company & Directors' Information:- S R DRUGS PVT LTD [Active] CIN = U24231MH1982PTC027442

Company & Directors' Information:- J M DRUGS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U24100MH2010PTC203799

Company & Directors' Information:- K K MEDICARE PRIVATE LIMITED [Active] CIN = U85310CH1998PTC021033

Company & Directors' Information:- MEDICARE INDIA PRIVATE LIMITED [Amalgamated] CIN = U99999TG1986PTC006690

Company & Directors' Information:- K D MEDICARE PRIVATE LIMITED [Active] CIN = U85110DL2000PTC107059

Company & Directors' Information:- SATISH MEDICARE PRIVATE LIMITED [Active] CIN = U85100HR2015PTC057426

Company & Directors' Information:- A & A MEDICARE PRIVATE LIMITED [Active] CIN = U85190WB2009PTC140435

Company & Directors' Information:- V G S MEDICARE INDIA PRIVATE LIMITED [Strike Off] CIN = U24231TN1988PTC015301

Company & Directors' Information:- I AND P MEDICARE LIMITED [Strike Off] CIN = U85110DL1993PLC052226

Company & Directors' Information:- S. J. MEDICARE PRIVATE LIMITED [Active] CIN = U85110GJ2011PTC065287

Company & Directors' Information:- G N K DRUGS CO PVT LTD [Active] CIN = U24246WB1979PTC031913

Company & Directors' Information:- S B MEDICARE PRIVATE LIMITED [Active] CIN = U74899DL1992PTC047778

Company & Directors' Information:- R. S. MEDICARE PRIVATE LIMITED [Active] CIN = U85110PB2008PTC032129

Company & Directors' Information:- DRUGS INDIA PVT LTD [Active] CIN = U24232AS1973PTC001457

Company & Directors' Information:- G B MEDICARE PRIVATE LIMITED [Strike Off] CIN = U24232PB2011PTC034562

Company & Directors' Information:- S P M DRUGS PRIVATE LIMITED [Active] CIN = U26916TZ1988PTC002198

Company & Directors' Information:- A B R DRUGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069200

Company & Directors' Information:- Z X DRUGS PRIVATE LIMITED [Active] CIN = U51397HR2007PTC037275

Company & Directors' Information:- S S MEDICARE PRIVATE LIMITED [Active] CIN = U85110DL2002PTC115168

Company & Directors' Information:- G S DRUGS PRIVATE LIMITED [Strike Off] CIN = U24231UP1999PTC024324

Company & Directors' Information:- A P DRUGS PVT LTD [Active] CIN = U24232CH1988PTC008285

Company & Directors' Information:- U & V CREATIVE PRIVATE LIMITED [Strike Off] CIN = U45201DL2000PTC107332

Company & Directors' Information:- I M MEDICARE PRIVATE LIMITED [Strike Off] CIN = U74999DL2004PTC131201

Company & Directors' Information:- J S MEDICARE PRIVATE LIMITED [Strike Off] CIN = U85110MP2009PTC022054

Company & Directors' Information:- S. A. K. MEDICARE PRIVATE LIMITED [Active] CIN = U24230HR2019PTC081503

Company & Directors' Information:- CREATIVE DRUGS PRIVATE LIMITED [Strike Off] CIN = U24230MH1990PTC057545

Company & Directors' Information:- I. C. MEDICARE PRIVATE LIMITED [Active] CIN = U24232DL2008PTC177588

Company & Directors' Information:- M M MEDICARE PRIVATE LIMITED [Active] CIN = U85110OR2005PTC008481

Company & Directors' Information:- R A DRUGS PVT LTD [Strike Off] CIN = U24232CH1988PTC008291

Company & Directors' Information:- MEDICARE PVT LTD [Strike Off] CIN = U22121AS1982PTC001957

Company & Directors' Information:- P K DRUGS PVT LTD [Strike Off] CIN = U24200TG1988PTC008217

Company & Directors' Information:- TAMILNADU DRUGS PVT LTD [Liquidated] CIN = U24231TN1983PTC009835

Company & Directors' Information:- R P DRUGS PVT LTD [Strike Off] CIN = U24231DL1977PTC008703

Company & Directors' Information:- P & P MEDICARE PRIVATE LIMITED [Active] CIN = U74999MH2011PTC224186

Company & Directors' Information:- G M DRUGS PRIVATE LIMITED [Strike Off] CIN = U24232UP2001PTC026114

Company & Directors' Information:- A. V. DRUGS PRIVATE LIMITED [Active] CIN = U24231JK1980PTC000462

Company & Directors' Information:- S P G MEDICARE PRIVATE LIMITED [Active] CIN = U24231DL2001PTC113231

Company & Directors' Information:- S N DRUGS PRIVATE LIMITED [Strike Off] CIN = U24232DL2008PTC186129

Company & Directors' Information:- A D DRUGS PRIVATE LIMITED [Strike Off] CIN = U24297DL2012PTC240610

Company & Directors' Information:- D. V. MEDICARE PRIVATE LIMITED [Active] CIN = U51909DL2017PTC327336

Company & Directors' Information:- S G MEDICARE PRIVATE LIMITED [Active] CIN = U74999DL2010PTC202423

Company & Directors' Information:- M R MEDICARE PRIVATE LIMITED [Strike Off] CIN = U85120DL2010PTC206224

Company & Directors' Information:- R. C. MEDICARE PRIVATE LIMITED [Strike Off] CIN = U24232GJ2007PTC051001

Company & Directors' Information:- B A B DRUGS LTD [Strike Off] CIN = U24232WB1987PLC042646

Company & Directors' Information:- SADANAND LIMITED [Dissolved] CIN = U99999MH1946PTC005226

    Crl.O.P. No. 26427 of 2013

    Decided On, 29 January 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. DHANDAPANI

    For the Petitioners: D. Selvaraju for M/s. B. Vasudevan, Advocates. For the Respondent: C. Iyyapparaj, Additional Public Prosecutor.



Judgment Text


(Prayer: Petition filed under Section 482 of Cr.P.C., seeking to call for the records and quash all the proceedings against the petitioners in C.C.No.4399 of 2013 on the file of the IV Metropolitan Magistrate, Saidapet, Chennai -15.)

1. This criminal original petition has been filed seeking to call for the records and to quash all the proceedings against the petitioners in C.C.No.4399 of 2013 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai -15.

2. The case of the petitioner is that the first petitioner is the Company and the petitioners 2 to 4 are the Directors of the first petitioner Company. Challenging the complaint filed under Section 3 (d) of Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 read with Schedule (1) (Asthma) of Rule 6 of the Drugs and Magic Remedies Rules, 1955 which is punishable under Section 7(a) of Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, this petition has been filed.

3. The case of the prosecution is that during the course of inspection by the Drugs Inspector on 03.09.2012 at one M/s.Raju Hospitals Private Limited / A5, they observed in the label of the carton of the drug CREDISOL Aqueous allergen extract, an objectionable advertisement, which is as follows:

‘CREDISOL

Allergen extract for immunotherapy

The choice of treatment in management of allergic rhinitis, allergic asthma etc.,

An individually prepared allergen vaccine.’

4. According to the prosecution, the said advertisement is prohibited as per Section 3 (d) of Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 read with Schedule (1) (Asthma) of Rule 6 of the Drugs and Magic Remedies Rules 1955. Hence, the complaint.

5. Mr.D.Selvaraju, the learned counsel appearing for the petitioners would submit that the first petitioner is the manufacturer of the drug and would further submit that the advertisement itself clearly shows that the drug is the choice of treatment in management of allergic rhinitis, allergic asthma etc., and hence it does not violate Section 3 (d) of Drugs and Magic Remedies (Objectionable Advertisement) Act. If the advertisement says that it is the choice of treatment in curing allergic rhinitis, allergic asthma etc., then it would have been in violation of Section 3 (d) of Drugs and Magic Remedies (Objectionable Advertisement) Act. Accordingly, he prayed for appropriate orders.

6. The learned Additional Public Prosecutor would submit that though the wordings in the advertisement is that the drug is The choice of treatment in management of allergic rhinitis, allergic asthma etc., it would create an impression in the minds of the consumer that if the drug is consumed, it would cure allergic rhinitis, allergic asthma etc. Hence, the advertisement is in violation of Section 3 (d) of Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 read with Schedule (1) (Asthma) of Rule 6 of the Drugs and Magic Remedies Rules 1955 which is punishable under Section 7(a) of Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954. Accordingly, he prayed for dismissal of the criminal original petition.

7. Heard the arguments advanced on either side and perused the materials placed on record.

8. It is useful to extract hereunder Section 3 (d) of The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954:

3. Prohibition of advertisement of certain drugs for treatment of certain diseases and disorders. - Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for -

(d) the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under this Act

9. This Court also perused the advertisement labelled in the carton of the drug CREDISOL Aqueous allergen extract, which is as follows:

‘CREDISOL

Allergen extract for immunotherapy

The choice of treatment in management of allergic rhinitis, allergic asthma etc.,

An individually prepared allergen vaccine.’

10. Perusal of the alleged advertisement clearly shows that the drug is the choice of treatment in management of allergic rhinitis, allergic asthma etc., and it did not say that the drug is the choice of treatment in curing allergic rhinitis, allergic asthma etc., if consumed. The object of the Act is that the advertisement in the label of the particular drug should not mis-direct the consumers/ patients. Only when the advertisement in the label of the drug mis-directs the consumers/ patients, it would attract the penal provision under the Act.

11. Hence in my considered view, the advertisement labelled in the carton of the drug CREDISOL Aqueous allergen

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extract did not violate Section 3 (d) of Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 read with Schedule (1) (Asthma) of Rule 6 of the Drugs and Magic Remedies Rules, 1955 as alleged by the Drugs Inspector and the complaint is a mis-conceived one. 12. This criminal original petition is accordingly allowed and the proceedings against the petitioners in C.C.No.4399 of 2013 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai, is hereby quashed. Consequently, connected miscellaneous petitions, if any, are closed.
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