MEDICOS LEGAL ACTION GROUP TRUST (REGD.) Vs. DIRECTOR

JUDGEMENT

(1.) The petitioner has approached this Court under Art. 226 of the Constitution of India by way of Public Interest Litigation (PIL) and urge that the petitioner has no personal interest in the litigation and that the petition is not guided by self-gain or for gain of any other person/institution/body and that there is no motive other than of public interest in filing present PIL. It is averred in the petition that the present PIL has been filed in the larger public interest and against the illegal and uncontrolled practice of advertising remedies alleged to possess magic qualities and matter connected therewith. The present petition has also been filed in the interest of public who are victims of stones in gall bladder and against the illegal act of getting false and deceiving advertisement published which blatantly claim removal of gall bladder stones, without surgery done, by respondents No.9 and 10.

(2.) Confronted with the provisions of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (in short 'the Act'), learned counsel for the petitioner submitted that he may be allowed to withdraw the present writ petition with liberty to the petitioner to pursue his remedy by way of filing the representation before the concerned Department.

(3.) Dismissed as withdrawn. It shall, however, be open to the petitioner to take recourse to the remedies as may be available to it, in accordance with law.