Case Is Not For Using Modern Medicine, But For Stocking & Selling Drugs Without License: Madras HC Rejects Siddha Doctor's Plea To Quash Criminal Case
The Madras High Court has clarified that while Siddha practitioners in Tamil Nadu are permitted to practice modern medicine, they are prohibited from storing allopathic medicines without a proper license, as this would violate the Drugs and Cosmetics Act.
The case involved a Siddha doctor who was accused of unlawfully storing allopathic drugs in her clinic.
A Bench of Justice G. Jayachandran noted, “Section 18(c) of the Drugs and Cosmetics Act, 1940 mandates storing for sale or for distribution, or sell or stock or exhibit or offer for sale or distribute any drug should be only with license issued for the said purpose. Section 27(b)(ii) provides penalty for contravening Section 18(c). The case against the petitioner is not for using modern scientific system, but for stocking and selling the drugs without license.”
Advocate A. Velmurugan appeared for the Petitioner and Government Advocate K. M. D. Muhilan appeared for the Respondent.
The Court pointed out that although the law allows Siddha practitioners to use modern medical techniques, it does not exempt them from compliance with licensing requirements for drug storage.
The Court said, “G.O.Ms.No.248, dated 08.09.2010 issued by Health and Family Welfare Department, which permits registered members of the Tamil Nadu Siddha Medical Council to practice Modern Scientific System of Medicine for the purpose of Drugs and Cosmetics Act. Therefore, adopting modern Scientific System of medicine by the petitioner is not prohibited. However, the prosecution is for storing Allopathy Drugs in her clinic.” However, it reiterated that adherence to licensing requirements under the Drugs and Cosmetics Act remains essential.
The Court ruled against quashing the case, highlighting that it was registered due to her unlawful storage of drugs without a license. However, recognizing the lengthy duration since the case was initiated in 2018, the Court instructed the Magistrate to expedite the proceedings.
Cause Title: Tmt.S.Sindhu v. Tamil Nadu State