Madras high court stays single judge order banning online drug sale

Chennai: The Madras high court has stayed a portion of an order of a single judge, which directed the online traders not to proceed with their online business in drugs and cosmetics till the Central government notifies the draft rules relating to online sale of medicines.

A division bench comprising Justices M. Sathyanarayanan and P.Rajamanickam granted the interim stay while passing interim orders on a batch of appeals from Netmeds Marketplace Ltd and others. 

Originally, on a petition from the TN Chemists and Druggists Association, a single judge had on December 17, directed the Union government and Central Drugs Control Organisation to notify the proposed Drugs and Cosmetics Amendment Rules 2018 relating to online sale of medicines, in the gazette by January 31, 2019, and directed the online traders not to proceed with their business till then. Aggrieved, the present batch of petitions was filed. 

In its present interim order, the bench pointed out that it may not be possible for all of them to go to medical shops and buy medicines and sale through online platform was also picking up in this country and it was a developing concept. Of course, sale/dispensation of medicines requires great care and action, as it deals with human lives and it was also the categorical stand and assurance of the appellants that no irregularity or illegality would be allowed to take place, while selling/dispensing medicines through online platform and in the process, the persons who were seriously ill were also getting benefited, as they may not be in a position to go to medical shops and buy medicines, the bench added.

 The bench said senior counsel P.S.Raman, appearing for one of the appellants pointed out that medicines, which were not locally available can be procured through online means from any other place where such medicines were available and supplied to the needy patients. Online sale was going on for quite some time and if all of a sudden, it was stopped till the amendments were notified it would definitely create grave hardship, inconvenience and health issues to the patients/persons concerned, who order medicines through online platform. In the light of the fact that authorities constituted under the Drugs and Cosmetic Act and the Drugs and Cosmetics Rules, were competent to initiate appropriate action in the event of any infraction/violation of the said provisions and also conceded by the appellants, this court was of the considered view that Paragraph 38 of the impugned order requires to be stayed until further orders, the judge added.

The bench made it clear that the reasons/observations made in this interim order were only for the purpose of disposal of these miscellaneous petitions and this court did not dealt with the merits of the main case and it was open to the respective parties to canvass the same at the time of final disposal of these appeals. The bench posted all the appeals for final disposal on January 24.