SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, Dr. Sarwan Singh, has impugned in the present writ petition the action of respondent 4 the District Drugs Inspector, Hoshiarpur, who had prohibited him from keeping in his possession any allopathic drug for administration to the patients and who had further directed the chemists not to issue allopathic medicines to such patients as had been prescribed or were to be prescribed such medicines by the petitioner.

(2.) The case set up in the petition by the petitioner is that he is a Registered Medical Practitioner and had been so registered with the Board of Ayurvedic and Unani Systems of Medicines, Punjab, respondent 3, vide registration certificate annexure-P. 1, that by notification dt. 29-10-1967, annexure-P. 2, issued under sub-cl. (iii) of cl. (ee) of R.2 of the Drugs and Cosmetics Rules, 1945 (for short to be referred as 'the Drug Rules') made under the provisions of the Drugs and Cosmetics Act, 1940, hereinafter referred to as 'the Drug Act', the Government of Punjab has declared all Vaids end Hakims who had been registered under the East Punjab Ayurvedic and Unani Practitioners Act, 1949, the Pepsu Ayurvedic and Unani Practitioners Act, 2008 Bk. and the Punjab Ayurvedic and Unani Practitioners Act, 1963, as persons practising the Modern System of Medicines for the purpose of Drugs and Cosmetics Act, 1940, in the State of Punjab; and that the petitioner having been registered under the Ayurvedic and Unani end Indian System of Medicines and Surgery, was in view of the notification Annexure-P. 2, entitled to practise Modern System of Medicines.

(3.) In the written statement filed on behalf of respondents 1, 2 and 4, it has been inter alia asserted that the petitioner was not entitled to practise Modern System of Medicines on the strength of his registration certificate issued to him under the Punjab Ayurvedic and Unani Practitioners Act, 1963 (hereinafter to be referred as the 1963 Act). His registration as Medical Practitioner under the 1963 Act entitles him only to practise the Indian System of Medicine and not the Modem System of Medicine. He is, therefore, not entitled to keep allopathic drugs or to prescribe such drugs to his patients. He can keep and prescribe only Ayurvedic, Siddha or Unani drugs.