MOHAMMED AGHMED ALIAS RAJA Vs. STATE

JUDGEMENT

(1.) Alleging that the petitioner who is running a dispensary under the name and style of 'Raja Dispensary' at Kachiguda and was giving objectionable advertisements, the police launched prosecution against the petitioner under Section 5 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1994 (the Act), which was taken cognizance of by the learned VI Metropolitan Magistrate at Nampally, Hyderabad, as CC.No.917 of 2003. This petition is filed to quash the said proceedings in the said C.C.

(2.) The contention of the learned Counsel for the petitioner is that the petitioner is a Registered Medical Practitioner (Ayurveda) vide Registration No.6502 dated 3-10-1975 and has been practicing medicine from then onwards without any stigma and since there is nothing on record to show that the petitioner had violated any of the provisions of the Act muchless Section 5 of the Act, the prosecution against the petitioner is liable to be quashed. Heard the learned Additional Public Prosecutor.

(3.) Section 5 of the Act lays down that no person carrying on, or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in Section 3. Section 3 of the Act, which deals with prohibition of advertisement of certain drugs for treatment of certain diseases and disorders, reads :