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High Court dismisses doctor's plea

Staff Reporter

NEW DELHI: The Delhi High Court has upheld the conviction of an Ayurvedic medical practitioner for selling an allopathic pain killer under an Ayurvedic brand name without taking permission from the competent authority.

Justice Ravinder Bhatt dismissed an appeal by medical practitioner Ram Narain Arora against his conviction by the trial court, holding that he failed to obtain permission from the Drug Inspector to manufacture, sell or offer to sell his popular pain killer "Vedna Nigrah Ras".

The Court also held that the Drug Inspector is the competent authority to initiate prosecution proceedings in case of manufacture or sale of Ayuvedic, Unani and Siddha drugs in violation of the Drugs and Cosmetics Act.

The medical practitioner had submitted that the Drug Inspector could not prosecute him because he was not empowered for the same under Section 21 of the Act in respect of Ayurvedic drugs.

Mr. Justice Bhat said the appellant's was a clear-cut case of misbranding under Section 17 of the Act because the drug on sale was an allopathic drug and not an Ayurvedic one.

Holding that it was mandatory for everyone to apply for a licence to manufacture, sell or offer to sell an Ayuvedic drug, the Court said that the medical practitioner failed to adduce any evidence to show that he had applied for or obtained a licence for the drug.

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