The Aurangabad bench of the High Court Bombay has declined to grant any relief to a quack booked for negligently causing death of one of his patients. The accused, Padmanath Patil, allegedly practiced medicines alleging to be an Ayurveda graduate.
Patil, 63, has been booked by Amalner police in Jalgaon for allegedly committing offences punishable under section 304A (causing death by negligence) of the Indian Penal Code & section 33 (practicing medicines without registration) of the Maharashtra Medical Practitioners Act, 1961.
The case was filed based on a complaint by Vidya Mahajan who alleged Patil had in Jan 2019 prescribed 2 allopathic medicines to her husband, Shaligram, although he alleged to have BAMS (Bachelor in Ayurvedic Medicines & Surgery) degree, & that her husband died due to adverse reaction to the medicine.
Police booked Patil under section 33 of the Maharashtra Medical Practitioners Act, 1961 after finding out that while he alleged to have finished his medical course before 1976, the certificate of registration did not mention the year.
Patil had moved the High Court seeking quashing of the case primarily on the grounds that after the June 2014 amendment to the Maharashtra Medical Practitioners Act, 1961, even BAMS doctors can prescribe allopathic medicines, & therefore, he couldn't be prosecuted for prescribing allopathic medicines.
However, the division bench of Justices TV Nalawade & MG Sewlikar rejected the contention. The bench noted that the amendment requires BAMS degree holders to undergo training in allopathy before they are allowed to prescribe allopathic medicines.
Source Link
Picture Source :
