Punjab and Haryana High Court Quashes State Election Commission's Cancellation of Panchayat Elections in Punjab J&K High Court Quashes FIR Against Bajaj Allianz, Asserts Insurance Dispute Shouldn’t Be Criminalized Sole Eyewitness's Testimony Insufficient to Sustain Murder Conviction: Madras High Court Acquits Three Accused in Murder Case Presumption of Innocence is Strengthened in Acquittal Cases; Appellate Courts Must Respect Trial Court Findings Unless Clearly Perverse: Delhi High Court NDPS | Physical or Virtual Presence of Accused is Mandatory for Extension of Detention Beyond 180 Days: Andhra Pradesh HC Bombay High Court Quashes Suspension of Welfare Benefits for Construction Workers Due to Model Code of Conduct Section 131 of Electricity Act Does Not Mandate Finalized Transfer Scheme Before Bidding: Punjab and Haryana High Court Upholds Privatization of UT Chandigarh Electricity Department Revenue Authorities Must Safeguard State Property, Not Indulge in Land Scams: Madhya Pradesh High Court Proposed Amendment Clarifies, Not Changes, Cause of Action: High Court of Jharkhand emphasizing the necessity of amendment for determining real questions in controversy. EWS Candidates Selected on Merit Should Not Be Counted Towards Reserved Quota: P&H High Court Finance Act 2022 Amendments Upheld: Supreme Court Validates Retrospective Customs Authority for DRI Mere Breach Of Contract Does Not Constitute A Criminal Offense Unless Fraudulent Intent Exists From The Start: Delhi High Court Anticipatory Bail Not Intended As A Shield To Avoid Lawful Proceedings In Cases Of Serious Crimes: Allahabad High Court Rajasthan High Court Grants Bail in Light of Prolonged Detention and Delays in Trial U/S 480 BNSS Provision Bombay High Court Orders Disclosure of Candidates' Marks in Public Recruitment Process: Promotes Transparency under RTI Act Maintenance | Father's Duty to Support Daughters Until Self-Sufficiency or Marriage: Karnataka High Court Designation of Arbitration 'Venue' as 'Seat' Confers Exclusive Jurisdiction: Supreme Court Rules in Dubai Arbitration Case Corporate Veil Shields Company Assets from Partition as Joint Family Property: Madras High Court Principal Employers Liable for ESI Contributions for Contract Workers, But Assessments Must Be Fair and Account for Eligibility: Kerala High Court Government Entities Must be Treated Equally to Private Parties in Arbitration Proceedings: Supreme Court Supreme Court Allows Resumption of Disciplinary Inquiry Against Storekeeper in Ration Misappropriation Case

Act Does Not Contemplate a Warning in the Teeth of Gross Non-compliance: Supreme Court Supreme Court Refuses To Accept Patanjali Ayurved's Apology In Contempt Case

07 May 2024 8:19 AM

By: Admin


In a significant observation, the Supreme Court has noted that the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, does not envisage merely issuing a warning in cases of gross non-compliance with its provisions. This remark came during the hearing of the writ petition filed by the Indian Medical Association against the Union of India and others, including Baba Ramdev, concerning the alleged violation of the said Act and Rules.

The crux of the judgment revolves around the interpretation and enforcement of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and its accompanying Rules. Specifically, it addresses the adequacy of actions taken against alleged violations, especially in the context of advertisements and claims made by Divya Pharmacy, associated with Baba Ramdev.

The petition, filed by the Indian Medical Association, challenges certain actions and statements made by Baba Ramdev and Divya Pharmacy, alleging a violation of the Act and Rules regarding objectionable advertisements. The Union of India and the State Licensing Authority, Uttarakhand, are also implicated for their response or lack thereof to these allegations.

Contempt Notice to Baba Ramdev: The Court had issued a notice to Baba Ramdev on the basis of a prima facie opinion of his violation of the Act. However, his response to the notice was still pending.

Non-satisfaction with Respondent No.6’s Reply: The Court expressed dissatisfaction with the reply filed by respondent No.6, though specific details of this were not provided in the order.

Last Opportunity for Affidavits: A final opportunity of one week was given for the filing of affidavits by certain parties, highlighting the Court’s expectation for compliance.

Inaction of State Licensing Authority: The Court pointed out the inaction of the State Licensing Authority, Uttarakhand, in effectively dealing with the issue, noting that merely issuing a warning was insufficient in the face of gross non-compliance.

Impleading State Licensing Authority: Recognizing the crucial role of the State Licensing Authority, the Court decided to implead it as a respondent, emphasizing the need for its accountability.

Awaiting Response from Union of India: The Court noted the detailed affidavit filed by the Ministry of Ayush but highlighted the absence of a crucial document – the response of Divya Pharmacy to the notice by the Union of India.

Decision of the Court: The Court has not yet reached a final decision in this matter. It has scheduled the next hearing for April 10, 2024, where the proposed contemnors, including Baba Ramdev, are required to be present. The case is poised for further deliberations based on the responses and affidavits to be filed in the coming week.

Date of Decision: 02-04-2024

Indian Medical Association & Anr. Vs Union of India & Ors.

 

Similar News