INSTITUTE OF INDIAN THERAPIES Vs. STATE OF KERALA

JUDGEMENT

(1.) The 2nd petitioner is the proprietor of a concern by name "Institute of Indian Therapies". The said concern is engaged in the manufacture and sale of Ayurvedic Products. The petitioners published an advertisement in the Mathrubhumi Daily dated 23.01.2012 highlighting the medicinal benefits of "Madhuramrutham" a drug manufactured by them. The advertisement proclaims, among other things, that any person could control diabetes and mitigate its ill effects by consuming 2 gms of "Kanmadarasayanam". They also highlight the medicinal benefits of "Kanmadarasayanam" and goes on to state that 15 ml of "Madhuramrutham" manufactured by the petitioners contain 2 gms of "Kanmadarasayanam". A picture of a bottle containing the drug manufactured by the petitioners is also published and they urge that any person can mitigate diabetes, if he chooses to consume the drug.

(2.) The aforesaid advertisement came to the notice of the de facto complainant, who has been appointed under Section 21 of the Drugs and Cosmetics Act, 1940, to exercise powers under the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954. Alleging that the advertisement was clearly calculated to lead to the use of the drug "Madhuramrutham" to cure diabetes, a scheduled disease, a complaint was lodged before the learned Magistrate alleging violation of Section 3 (d) of the Act.

(3.) The proceedings before the learned Magistrate are sought to be quashed by this petition filed under Section 482 of the Code of Criminal Procedure.