IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10/10/2002
CORAM
THE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN
WRIT PETITION NO.38362 OF 2002 AND WRIT PETITION 38363 OF 2002
AND WP NOS. 38364 AND 38365 of 2002
S.Anandaraj .. Petitioner in
W.P.38362/2002
Somasundaram .. Petitioner in
W.P.38363/2002
S.Pethalis .. Petitioner in
W.P.38364/2002
N.Chandrasekar .. Petitioner in
W.P.38365/2002
-Vs-
The Superintendent of Police,
Kanyakumari District at
Nagercoil, Kanyakumari District. .. 1st respondent in all the W.Ps.
The Inspector of Police,
Nesamony Nagar Police Station,
Nesamony, Kanyakumari District .. 2nd respondent in W.P.
38362/2002
The Inspector of Police,
Asaripallam Police Station,
Asaripallam, Kanyakumari District .. 2nd respondent in W.P.
38363/2002
The Inspector of Police,
Kanyakumari Police Station,
Kanyakumari, Kanyakumari District .. 2nd respondent in W.P.
38364/2002
The Inspector of Police,
Rajakkamangalam Police Station,
Rajakkamangalam, Kanyakumari .. 2nd respondent in W.P.
District 38365/2002
The above Writ Petitions are filed under Article 226 of the Constitution of
India for the issue of a Writ of Mandamus and as stated therein.
For Petitioner : Mr.R.Subramanian
For Respondents : Mr.K.Mahendran,
Spl. Govt. Pleader
:ORDER
The learned Special Government Pleader takes notice.
2. The petitioners claims to be Ayurvedic Vaidyar running Ayurvedic
Vaidyasala and certain medicines which are prescribed for the patients.
3. According to the learned counsel, the authorities are illegally
interfering with the business and it appears that the petitioners have also
applied for L-3 licence. The petitioners admit that the Ayurvedic
preparations shall contain self-generated alcohol. This means that they are
manufacturing spirituous preparations for which the Tamil Nadu Spirituous
Preparation Control Rules shall apply and therefore the petitioners are bound
to apply for the requisite permit and licence that are necessary for such
preparation. It is the case of the petitioners’ that the authorities are
indiscriminately destroying all the bottles that are in the pharmacy and that
the petitioners are not selling the medicines to the public but only to the
patients. Therefore, there should not be any interference with the
petitioners’ right to carry on their livelihood as a practitioner of Ayurvedic
medicines.
4. The learned Special Government Pleader would however tell a
different story. According to the learned Special Government Pleader, there
are numerous shops calling themselves Ayurvedic Vaidyasala and Ayurvedic
Pharmacy in Kanyakumari District and what is sold therein is only illicit
liquor which is branded under medicinal names. It is also his case that it is
only because it was found that alcohol was being sold to the poor people as
well as to the young students that action was taken to curb this uncontrolled
preparati on of alleged Ayurvedic medicines which are actually spirituous
preparation. It was submitted by the learned Special Government Pleader that
it is not, as if, they have a doctor, who administers these medicines to
patients. On the other hand, these substances are sold across the counter in
petty shops and they have caused havoc in the lives of poor people and
therefore such persons do not deserve the indulgence of this Court. It was
also submitted that they do not even maintain the records of the medicines
they have or a record of the patients to which such medicines could have been
administered. Therefore, the learned Special Government Pleader would
earnestly plead that no protection should be given to these Ayurvedic
practitioners. The learned Special Government Pleader submitted that there
are no premises, the bottles are buried in the garden and they are nothing but
arrack, so the respondents destroyed the arrack.
5.In these circumstances this order is passed, which may be used as
guidelines. The petitioners admit that they manufacture medicines which
contain self generated alcohol. Therefore, they are bound to possess all the
required permits and licences under the Drugs and Cosmetics Act, The Tamil
Nadu Medicinal and Toilet Preparation (Excise Duty) Rules 1956 Act and
Medicinal Control and Rules and Tamil Nadu Spirituous Preparations Control
Rules. The petitioners shall also maintain a register of the medicines that
they possess which shall be in labeled bottles. The ayurvedic preparations
shall be sold only as medicine and to patients. In a similar writ petition,
the respondents were directed to exercise caution and not damage the bottles
in the petitioner’s premises. If the respondents have reason to believe that
the petitioners are selling spurious preparations and alcoholic preparations
in the guise of medicines, and the sale is not only to patients, but to
others, they have the liberty to deal with them in accordance with law. At
any point of time if the respondents require the petitioners to produce the
relevant documents, the same shall be produced to the respondents. If the
respondents are satisfied that their manufacture is only of legal and
permissible medicine, the respondents shall not interfere with their business.
If, otherwise, the respondents shall have every right to interfere with the
business of the petitioners. The renewal application shall be dealt with in
accordance with law by the authorities. Accordingly, the writ petitions are
disposed of. No costs. Consequently, WPMPs 57390 to 57393 of 2002 are
closed.
Index: Yes.
Internet : Yes
Svn
To
1.The Superintendent of Police,
Kanyakumari District at
Nagercoil, Kanyakumari District.
2.The Inspector of Police,
Nesamony Nagar Police Station,
Nesamony, Kanyakumari District
3.The Inspector of Police,
Asaripallam Police Station,
Asaripallam, Kanyakumari District
4.The Inspector of Police,
Kanyakumari Police Station,
Kanyakumari, Kanyakumari District
5.The Inspector of Police,
Rajakkamangalam Police Station,
Rajakkamangalam, Kanyakumari District.