The Madras High Court has ruled that while registered Siddha practitioners in Tamil Nadu are authorized to practice modern medicine, they are not permitted to stock allopathic medicines without obtaining a license. This decision was rendered in a case where a Siddha doctor was charged under the Drugs and Cosmetics Act, 1940 for unlawfully storing allopathic medicines without the requisite licensing.
Justice G. Jayachandran, presiding over the case, clarified that the issue under review was not the practice of modern medicine by the Siddha practitioner, but the storage of allopathic drugs without a valid license, which constitutes a violation of statutory regulations.
Legal Framework Governing Storage of Drugs under the Drugs and Cosmetics Act, 1940
Section 18(c) of the Drugs and Cosmetics Act, 1940 stipulates that no person may store, sell, or distribute drugs without a proper license. Violations of this section are penalized under Section 27(b)(ii) of the Act. In this case, the petitioner’s failure to obtain the appropriate license for storing allopathic medicines, rather than her practice of modern medicine, formed the basis of the prosecution.
Government Order Authorizing Practice of Modern Medicine by Siddha Practitioners
As per Government Order (GO Ms.No.248) issued by the Tamil Nadu Health and Family Welfare Department on September 8, 2010, registered Siddha practitioners are allowed to practice modern scientific medicine. However, the High Court emphasized that this authorization does not extend to the storage of allopathic medicines without adhering to licensing requirements, as stipulated under the Drugs and Cosmetics Act. Thus, while the petitioner was within her rights to practice modern medicine, her failure to possess a license for the drugs she stored led to the charges against her.
Case Background: Seizure of Allopathic Drugs from Siddha Practitioner
The petitioner, S. Sindhu, is a registered practitioner holding a Bachelor of Siddha Medicine and Surgery (BSMS) degree. During an inspection of her clinic in February 2017, authorities discovered that she was in possession of allopathic medicines. This discovery led to a complaint being filed by the Drugs Inspector, accusing Sindhu of contravening Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940. The petitioner contended that the trial court erroneously took cognizance of the case, as the government order allowed her to practice modern medicine.
Petitioner’s Defense and Government’s Argument
The petitioner asserted that she possessed a small quantity of allopathic drugs solely for use in her practice and had no intention to sell them. She further claimed that her response to the show cause notice issued by the authorities had not been properly evaluated.
On the contrary, the Government Advocate argued that the petitioner’s explanation was unsatisfactory. While the Drugs and Cosmetics Act does not govern Ayurvedic, Siddha, or Unani medicines, it clearly applies to allopathic drugs. The petitioner, having stored allopathic medicines without a valid license, was rightly issued the show cause notice.
Judicial Findings and Court’s Ruling: Dismissal of Petition to Quash Proceedings
The High Court declined the petitioner’s request to quash the criminal proceedings against her, holding that the case concerned a statutory breach rather than the mere practice of modern medicine. However, the court directed that, as the case had been pending since 2018, the trial should be expedited and concluded without undue delay.
Case Title: Tmt.S.Sindhu v Tamil Nadu State represented by Drugs Inspector,
Case No: Crl.O. P.No.20143 of 2024