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'Law does not contemplate warning': SC pulls up Uttarakhand govt for no action against Baba Ramdev's Divya Pharmacy

The bench also recorded according to the Department, an order to be passed by this court is awaited whereas no such direction to await any action has been passed by this court.
Last Updated 02 April 2024, 18:22 IST

New Delhi: The Supreme Court on Tuesday pulled up Uttarakhand government for merely issuing a warning to Baba Ramdev's Divya Pharmacy in response to the Centre's query over action taken by the state authorities in a matter related to medicines being projected by the company to cure treatment of various diseases.

A bench of Justices Hima Kohli and Ahsanuddin Amanullah said the Drug and Magic Remedies (Objectionable Advertisements) Act, 1954 does not contemplate a warning in the teeth of gross non compliance of the provisions of the statute.

"A perusal of the letter dated March 8, 2024 addressed by the Union of India to the State Licencing Authority calling upon it to provide the detailed action taken by it within two days from the date of issuance of the letter itself shows that the State Licensing Authority has failed to discharge its duties, as contemplated under the Act. All that the reply dated March 12, 2024 addressed by the State Department to the Ministry of Ayush, Union of India mentions is that the Divya Pharmacy has been issued a warning," the court noted in its order.

The bench also recorded according to the Department, an order to be passed by this court is awaited whereas no such direction to await any action has been passed by this court.

The bench directed to implead the Uttarakhand State Licensing Authority as a party to the matter.

On Tuesday, the court rejected an apology by Baba Ramdev and Acharya Balkrishna for having violated the provisions of Section 3 and 4 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, read with Rule 6 of the Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955.

It gave them one week's time to file a fresh affidavit in contempt proceedings initiated against them in a petition filed by Indian Medical Association.

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(Published 02 April 2024, 18:22 IST)

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