AI Structured Summary
Not yet generated for this judgment
Judgment
T.H.B. Chalapathi, J.—The petitioner namely Indian Institution of Homeopathic Physicians, a regd. Society filed this writ petition for issuing a writ of certiorari to quash the Notification issued by the Government of India in GSR-108(E) dated 22nd February, 1994 amending the Drugs & Cosmetics Rules, 1945.
The members of the petitioner-society, who are Homoeopathy Medical Practitioners are getting homoeopathic medicines in packing of 450 ml. The Drugs and Cosmetics Act, 1940 and the rules framed thereunder namely Drugs and Cosmetics Rules, 1940 are made applicable to homoeopathy medicines. The Government of India by its Notification dated 3rd July, 1992 in GSR No. 662(ii) invited objections from all the persons likely to be affected for introducing a rule in the Drugs & Cosmetics Rules of 1945 prohibiting packing and selling in packings or bottles of more than 12 percent by volume of alcohol (Ethyl Alcohol). The petitioner society filed its objections to the proposed amendment. After considering the objections, rule 60-B has been inserted in the Drugs and cosmetics Rules of 1945 by the impugned Notification dated 22nd February, 1994. It reads as under :-
"60-B Prohibition of quantity and percentage -
No homoeopathic medicine containing more than 12% alcohol v/v (Ethyl Alcohol) shall be packed and sold in packing or bottles of more than 30 Ml. except that it may be sold to hospitals/dispensaries in packing or bottles of not more than 100 ml."
The main ground of attack is that the prohibition to pack and sell homoeopathic medicines containing more than 12 per cent alcohol in packings or bottles of not more than 30 ml. affects the medical profession and, therefore the rule is bad. It is also contended by the learned Counsel for the petitioner-society that to . keep the homoeopathic medicines in small packings or bottles would be difficult and expensive and the manufacturers may not be able to meet the demands for supply of the homoeopathic medicines if they are asked to pack and sell in packings or bottles in less than 30 ml.
I have carefully considered the material placed on record by the learned Counsel for the petitioner and heard the arguments.
There is no dispute that the Government of India under Sections 12 and 33 of the Drugs and Cosmetics Act, 1940 has got the power to frame or amend the rules. There is also no dispute that the provisions of the Drugs & Cosmetics Act are made applicable to homoeopathic medicines. The restriction imposed on packing and selling of homoeopathic medicines in 30 ml. packings or bottles is made applicable only to such homoeopathic medicines which contain more than 12 per cent alcohol v/v (Ethyl Alcohol). If the percentage of Alcohol in the homoeopathic medicines is less than 12 per cent the rule is not applicable. There is neither any averment in the petition nor it is contended before me that there are several other homoeopathic medicines which contains more than 12 per cent of ethyl alcohol. The rule which has been inserted in the year 1994, as already indicated, does not affect the packing and selling of homoeopathic medicines of more than 30 ml. packings or bottles if the homoeopathic medicines contain less than 12 per cent alcohol.
Even in the petition filed by the petitioner it is not stated that there are many homoeopathic medicines which contain more than 12 per cent of alcohol. I am, therefore, of the opinion that the rule is valid and based on reasonable classification. As homoeopathic medicines, if in liquid form contain more than 12 per cent of alcohol, if may lead to misuse. In this view of the matter, I am of the opinion that the Rule as inserted in the Drugs & Cosmetics Rules, 1945 cannot be struck down. I, therefore, do not find and ground warranting interference with the impugned notification dated 22nd February, 1994 inserting Rule 60-B in the said rules.
The result is, the writ petition fails and is accordingly dismissed. There will be no order as to costs.