Telangana High Court
Phaarmasia Limited, vs State Of Telangana on 27 December, 2023
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
*****
Criminal Petition No.12115 OF 2017
Between:
Phaarmasia Limited and others ... Petitioners
And
The State of Telangana
Through Public Prosecutor and another. ..Respondents/Complainant
DATE OF JUDGMENT PRONOUNCED :27.12.2023
Submitted for approval.
THE HON'BLE SRI JUSTICE K.SURENDER
1 Whether Reporters of Local
newspapers may be allowed to see the Yes/No
Judgments?
2 Whether the copies of judgment may
be marked to Law Reporters/Journals Yes/No
3 Whether Their Ladyship/Lordship
Wish to see their fair copy of the Yes/No
Judgment?
__________________
K.SURENDER, J
2
* THE HON'BLE SRI JUSTICE K. SURENDER
+ CRL.P. No.12115 of 2017
% Dated 27.12.2023
# Phaarmasia Limited and others ... Petitioner
And
$ The State of Telangana
Through Public Prosecutor and another Respondents/Complainants
! Counsel for the Petitioners: Sri Eranki Phani Kumar
^ Counsel for the Respondents: Addl. Public Prosecutor
>HEAD NOTE:
? Cases referred
3
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.12115 of 2017
ORDER:
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 Section 8 of Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954 (for short 'the Act of
1954'), for the violation of Section 3(d) and punishable under
Section 7(a) of the act of 1954, Section 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 Section 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 04.02.1961. 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'.
4. On the other hand, learned Public Prosecutor
representing Drug Inspector would submit that it is for the
trial Court to decide after giving an opportunity to the Drug
Inspector to adduce evidence.
5. The pill seized is oral emergency contraceptive for
women. It is not the case that the pills were manufactured
without licence. Having relevant licence and approved by the
licencing authority, the drug was being manufactured. In fact,
the Ministry of Health and Family Welfare, New Delhi, have
also ordered such pills and the said Drug was being
distributed by the Ministry of Health and Family Welfare free
of cost. The Government has been advertising regarding
Emergency Contraceptive Pill for Women, so as to reduce
population and also enable women to plan pregnancy.
Production of pills is also undertaken by Government. The
drug is neither 'spurious' nor 'not of standard quality'. In the
said circumstances, it cannot be said that any of the offences
alleged are attracted.
6. In the result, the proceedings against the petitioners in
C.C.No.66 of 2016 on the file of I Additional Judicial First
Class Magistrate at Khammam, are hereby quashed.
7. Accordingly, the Criminal Petition is allowed.
Consequently, miscellaneous applications, if any pending in
this criminal petition, shall stand closed.
__________________
K.SURENDER, J
Date :27.12.2023
Note: LR copy to be marked.
B/o.kvs
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION Nos.12115 of 2017
Dt.27.12.2023
kvs
