ALAPARTHI LOKANADH KUMAR Vs. STATE OF A P

JUDGEMENT

(1.) Inspector of Police, Law & Order, Suryaraopet, Vijayawada, filed a charge-sheet against the petitioners for offences under Sections 3 and 4 of the Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954, (for short, 'the Act') alleging that the 1st petitioner is running Loknadh Homoeo Clinic styling himself as Specialist in the treatment of AIDS, and when on information he raided the clinic of the 1st petitioner and asked the 1st petitioner to show his testimonials such as Diploma in Homoeo Medicine & Surgery, 1st petitioner could not produce the same but stated that homoeo medicines for curing AIDS disease are available in his room, and since it is universally accepted that there is no cure for AIDS, 1st petitioner giving an advertisement canvassing that he would cure AIDS is an offence under Sections 3 and 4 of the Act, and since the 2nd petitioner is working with the 1st petitioner in the clinic as Receptionist, both petitioners are liable for punishment for the said offence.

(2.) This petition is filed to quash the said proceedings on the ground that the provisions of Sections 3 and 4 of the Act have no application to the facts of this case

(3.) As per Section 3 of the Act, no person shall take party 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 (a) the procurement of miscarriage of any woman or prevention of conception in women; or (b) the maintenance or improvement in the capacity of human beings for sexual pleasure; or (c) the correction of menstrual disorder in women; or (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 whatever name called which may be specified in the Rules made under the Act.