Mrs. Megha More, vs State Of Telangana, Rep. By ...
2023 Latest Caselaw 4156 Tel

          HIGH COURT FOR THE STATE OF TELANGANA
                        AT HYDERABAD
                              *****

Writ Petition No.14209 OF 2016 Between:

Mrs. Megha More.                                     ... Petitioner
                                   And
The State of Telangana,
Rep. by its Principal Secretary,
Home Department, Secretariat,
Hyderabad and another.                               ... Respondents
                                    And
                    Writ Petition No.11186 OF 2016
Between:

M/s.Trueweight Wellness Private Limited and another. ...Petitioners And The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and another. ... Respondents

DATE OF JUDGMENT PRONOUNCED : 20.11.2023

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



            * THE HON'BLE SRI JUSTICE K. SURENDER

                   + Writ Petition No.14209 OF 2016

% Dated 20.11.2023

# Mrs. Megha More.                                              ... Petitioner

                                   And
$ The State of Telangana,
Rep. by its Principal Secretary,
Home Department, Secretariat,
Hyderabad and another.                                  ... Respondents
                   +Writ Petition No.11186 OF 2016
Between:

# M/s.Trueweight Wellness Private Limited and another. ...Petitioners And $ The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and another. ... Respondents

! Counsel for the Petitioners: Smt.Chandala Devi and M.Abhinay Reddy

^ Counsel for the Respondents: Government Pleader for Medical & Health

>HEAD NOTE:

? Cases referred

THE HONOURABLE SRI JUSTICE K.SURENDER

WRIT PETITION NOS.14209 AND 11186 OF 2016

COMMON ORDER:

1. Writ Petition No.11186 of 2016 is filed by petitioners/A1 and

A2 and Writ Petition No.14209 of 2016 is filed by petitioner/A3 to

quash the proceedings against them in C.C.NO.1933 of 2015 on the

file of III Additional Chief Metropolitan Magistrate, Nampally,

Hyderabad. The case is filed under Section 3(d) and Section 7, r/w

Serial No.9, 26 & 47 in schedule appended to Drugs and Magic

Remedies (Objections Advertisement) Act, 1954 (for short 'the Act').

Since the petitioners are shown as accused in the same case, they

are being heard together and disposed off by way of this Common

Order.

2. According to the 2nd respondent/Drug Inspector, on credible

information, the Drug Inspector along with other personnel on

05.06.2015 inspected the premises of True Weight Wellness Private

Limited and found certain products for marketing and distribution.

L.W.1 inspected the firm and identified 5 products which were

labeled in contravention of provisions of Drugs & Magic Remedies

(Objectionable Advertisements) Act, 1954.

i) 'Three grain Upma', labeled as combination of whole grain

oats, semolina rice flakes and vegetables makes this product very

good source of protein, fiber and complex carbohydrate and it is

also rich in B-Glucan a special type of fiber which is very beneficial

for lowering cholesterol and heart diseases.

ii) 'True weight wheat grass' labeled as that it is powerful

detoxifier and liver and blood protector. It increases red blood cell

count and lowers blood pressure. It cleanses the blood, organs and

gastrointestinal tract of debris. It stimulates the thyroid gland

correcting obesity and indigestion. It provides chlorophyll,

aminoacids, minerals, vitamins and enzymes.

3) 'True weight super fiber' labeled as super fiber is a perfect

combination of soluble and insoluble fiber sources which increases

metabolic rate. It is also beneficial in treating diabetes and high

cholesterol and weight loss.

4) 'True weight' tea tox labeled as boost metabolism perfects

detox for your body. Aids in weight loss.

5) 'True weight super juice' is labeled as super juice; it is

manufactured based on age old remedy, which is beneficial for your

health and weight loss.

3. In all the above products, the words used were found to be

misleading in nature and would influence the patient for self

medication. According to the Drug Inspector, the claims made by

the manufacturer as stated above were in violation of the provisions

of the Act of 1954, punishable under Section 7 of the Act.

4. The definitions under the Act are:

(a) advertisement‟ includes any notice, circular, label, wrapper or other document, and any announcement made orally or by any means of producing or transmitting light, sound or smoke;

(b) drug includes-- (i) a medicine for the internal or external use of human beings or animals;

(ii) any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals;

(iii) any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals;

(iv) any article intended for use as a component of any medicine, substance or article, referred to in sub-clauses (i), (ii) and (iii);

(c) 'magic remedy' includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals;

5. Learned counsel for the petitioners submits that since it is

not claimed on the label of the items that it is a remedy or cure for

any disease and that it was a drug, the provisions of the Act do not

apply.

6. On the other hand, learned Government Pleader for Medical

and Health appearing for the respondents would submit that it is

mentioned on the label that it is for diabetes heart diseases and

obesity, which in itself is an advertisement for curing the said

diseases. As such, the claims and using the words diabetes, heart

disease and obesity on the labels was misleading and influence a

person for self-medication. In the consequence of such

consumption, public may have adverse affect on their health,

whoever consumes the products believing the false claims made.

7. All the labels of the products seized are filed before the Court.

As seen from the labels, it is no where claimed on the label that it is

a 'medicine' or a 'drug' for treatment or in any manner would cure

any disease. In fact, the products are certified by fssai (Food Safety

and Standards Authority of India). Food Safety and Standards

Authority of India is an authority to provide FSSAI license to every

food business and made compulsory to have a food license before

initiating the business. FSSAI license serves as a certification that

food business complies with food safety regulations set by

FSSAI. All Food business operators including pharmacies or

medical stores selling Health supplements or Nutraceutical

products need to apply for the FSSAI license or registration.

8. Standards for Health supplements and Nutraceuticals are

specified under Food Safety and Standards (Health Supplements,

Nutraceuticals, Food for Special Dietary Use, Food for Special

Medical Purpose, Functional Food, and Novel Food) Regulations,

2016; These regulations cover eight categories of Functional foods,

namely, Health Supplements, Nutraceuticals, Food for Special

Dietary Use, Food for Special Medical Purpose, Specialty food

containing plant or botanicals, Foods containing Probiotics, Foods

containing Prebiotics and Novel Foods.

9. It is not the case of the complainant Drug Inspector that the

products fall within the definition of a Drug. The complaint was not

filed for any penal consequences under the Drugs and Cosmetics

Act.

10. Under, The Food Safety and Standards Act, 2006, the Food

Safety Officer shall be responsible for inspection of food business,

drawing samples and sending them to Food Analyst for analysis.

After following the procedure, prosecution can be launched at the

instance of Commissioner of Food Safety.

11. The provisions of the Magic Remedies Act would apply if the

article or the substance sought to be sold, falls within the definition

of drug, but will not include any food item, which is apparent from

Section 2(b)(iii) of the Act.

12. It is not mentioned on the label that the item sold is any kind

of drug which would treat any disease. Admittedly, the products

are Upma, wheat grass, super fiber, tea tox and super juice. The

said food items will not fall within the definition of drug. A perusal

of the labels does not in any manner make any false claim of

treating any disease as a drug. However, a mention is made that

the food items are beneficial for health and ailments. It claims that

the food items would increase metabolic rate and beneficial for the

persons suffering from diabetes, high cholesterol and also would

result in loss of weight.

13. The label, as already stated does not advertise or relate to any

cures of diseases. The Act is intended to prohibit any claims of

magic remedies, for which reason, restrictions are put on the

advertisement.

14. In view of this Court's finding that the product sold does not

fall within the definition of drug and was sold as a food item

certified by fssai, the provisions of the Magic Remedies Act of 1954

do not apply. Prosecution if any can be launched by the Food

inspector, since the products were sold as 'food'.

15. In the result, the proceedings against the petitioners/A1 to A3

in C.C.NO.1933 of 2015 on the file of III Additional Chief

Metropolitan Magistrate, Nampally, Hyderabad, are hereby

quashed.

16. Accordingly, both the Writ Petitions are allowed.

Consequently, miscellaneous applications, if any, shall stand

closed.

_________________ K.SURENDER, J Date: 20.11.2023 Note: LR copy to be marked.

B/o.kvs

THE HON'BLE SRI JUSTICE K.SURENDER

WRIT PETITION NOS.14209 AND 11186 OF 2016

Dt. 20.11.2023

kvs