PATANJALI AYURVED LIMITED Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal misc. application is filed by the petitioners/accused under Sec. 528 of B.N.S.S. for settingaside the summoning order dtd. 16/4/2024 and to quash the proceedings in Criminal Case No. 3892 of 2024 titled "State through Ayurvedic Yunani Adhikari v. Swami Ramdev", pending before the learned Chief Judicial Magistrate, Haridwar against the petitioners for the offence punishable under Ss. 3, 4 and 7 of the Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 (referred as '1954 Act,' hereinafter) alongwith all the proceedings emanating therefrom.

(2.) Admit the petition.

(3.) The brief facts of the case are that a Complaint Case No. 3892 of 2024 was filed by the State to summon, try and punish the petitioners/accused for the offence punishable under Ss. 3 and 4 of 1954 Act read with Rule 6 thereof (Annexure SA 1). As per this complaint, a letter dtd. 11/2/2022 was received from Ayush Mantralaya, Bharat Sarkar that the medicines Madhugrit and Madhunashini manufactured by petitioner No. 2 is promoted by alleged misleading advertisements; that, similarly, letter dtd. 15/4/2022 of Ayush Mantralaya, Bharat Sarkar was also received stating that the medicines Divya Lipidom Tablet, Divya Livogrit Tablet and Divya Livamrit Advance Tablet, Divya Madhunashini Vati and Divya Madhugrit Tablet manufactured by the petitioner No. 2/accused are being promoted by alleged misleading advertisement; that, the petitioners firm was directed to remove this alleged misleading advertisement; that, vide letter dtd. 7/5/2022 the petitioner No. 2 informed the State that, in the light of the judgment of Bombay High Court dtd. 11/2/2019 in Writ Petition No. 289 of 2019, the action cannot be taken against the petitioners/accused as Rule 170 of the Act has been stayed and further informed that the alleged advertisements have been withdrawn; that, vide letter dtd. 27/5/2022, the petitioner No. 2 firm was directed to remove the alleged misleading advertisements for medicines namely Madhunashini, Madhugrit, Mukta Vati Extra Power and Swasari Gold manufactured by it; that, vide letter dtd. 2/7/2022, the petitioner No. 1 was directed to remove the alleged misleading advertisements for Patanjali Drishti Eye Drop manufactured by it; that, thereafter, several other letters were sent to the petitioner firm for removing the alleged misleading advertisements for the above medicines manufactured by it; that, on 29/1/2024 Divya BPgrit Tablet was advertised from Twitter account of Patanjali Ayurved @PypAyurved; that, similarly, on 6/2/2024 Divya Cysto Grid tablet was advertised from the same Twitter account to mislead that it may cure cancer; that on 17/2/2024 Medohar Vati was also advertised from the same Twitter handle to treat the obesity and so on so forth; that, the petitioners/accused gave an undertaking in the Hon'ble Supreme Court in Writ Petition No. 645 of 2022 that there shall not be any violation of any law(s) especially relating to advertising or branding of products manufactured and marketed by it and, further, that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form. Alongwith this complaint, the correspondence done by the Ayush Mantralaya, Bharat Sarkar with the State Government and by State with the petitioners were also filed with some photocopies of alleged advertisements with pen drive(s).