Allahabad High Court
The Allahabad High Court recently stayed an order passed by the Uttar Pradesh Ayush Department banning the manufacture of adulterated Ayurvedic medicines by a company based in Ambala, Haryana. [Dr Biswas Ayurveda International Pvt Ltd vs Union Of India].
justice department bench Sangeeta Chandra and justice Brij Raj Singh Prima facie, the Uttar Pradesh (UP) authorities have taken the view that the manufacturing by Dr Biswas Ayurveda International Private Limited (petitioner) is being carried out in Haryana and therefore cannot be prohibited.
However, the court clarified that the sale of such adulterated medicines in Uttar Pradesh can definitely be stopped by the UP authorities.
“Therefore, as an interim measure, the orders dated February 26, 2024 and March 12, 2024 shall not come into force only insofar as they relate to the manufacture of the disputed Ayurvedic medicines till the next listing date.” the court ordered.
It was to hear a petition challenging the ban on the manufacture and sale of Good Health Ayurvedic Capsules by the petitioner company.
The court was told that the Uttar Pradesh AYUSH Directorate of Ayurvedic Services and Licensing Department sent the drug for testing and found that the capsules did not meet the standards.
The applicant challenged the jurisdiction of the licensing authority and argued in court that only the Drug Controller of Ayurvedic Medicine can inspect the premises, collect samples and send them for analysis.
In this regard, the federal government’s administrative memorandum is cited, asserting that only the licensing authority of the region where the manufacturing unit is located can initiate action.
The complainant also disputed the test results and asked for further analysis, but the request was denied, the court was told.
However, the State defended the suit and submitted that it had received several complaints regarding certain Ayurvedic medicines manufactured by the appellant and other factories.
The court was informed that tests were carried out on over 10 such manufacturers and samples were taken of over 20 medicines sold by these manufacturers in the market as Ayurvedic and pure herbal medicines. Ta.
“After collecting and analyzing samples, it was found that Good Health Ayurveda capsules were contaminated with Betamethosan. Therefore, steps have been taken to ban the manufacture and sale of such medicines within the state of UP.” said the lawyer.
After considering the submissions, the court agreed with the petitioner’s contention that the UP authorities could not ban the production taking place in Haryana.
The court upheld the ban, but gave the state six weeks to respond to the petition and referred the matter to a May 30 hearing.
Advocate Meha Rashmi represented the petitioner.
Additionally, Principal Permanent Advisor Rajesh Tiwari represented Uttar Pradesh.
Advocate Umesh Singh represented the Union of India.
[Read Order]
