PHAARMASIA LIMITED Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioners in C.C.No.66 of 2016 on the file of I Additional Judicial First Class Magistrate at Khammam for the offences under Sec. 8 of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (for short 'the Act of 1954"), for the violation of Sec. 3(d) and punishable under Sec. 7(a) of the act of 1954, Sec. 32 of the Drugs and Cosmetics Act, 1940 for violation of Rule 97(1)(b) r/w serial No.31 of Schedule-H of the Drugs and Cosmetics Rule, 1945 and Punishable under Sec. 27(d) of the Drugs and Cosmetics Act, 1940 (for short, 'the Act of 1940").

(2.) The allegation is that a contraceptive pill with the trade name E-Zee was being manufactured and sold by these petitioners. The Drug Inspector conducted search of medical store premises and seized the said drug. The allegation is that it is mentioned on the cover of the pill that it is 'Emergency Contraceptive Pill', violating Schedule-H of the Drugs and Cosmetics Rules and also for not mentioning on the label of the tablets 'Rx' symbol and 'Schedule-H Drug Warning'.

(3.) Learned counsel appearing for the petitioners would submit that no offence is made out under the Drugs and Cosmetics Act or any other Enactments. The main ground urged by the learned counsel for the petitioners is that a notification was issued by the Ministry of Health vide notification No.S.O.282, dated January, 24, 1961, the date of the gazette notification is 4/2/1961. According to the notification, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 would not apply to any advertisements in respect of contraceptive pills, which relate to 'prevention of conception in women'.