Mumbai Sessions Court Quashes Process Against Amazon Seller Services Directors Over Sale Of Abortion Pills On Platform

In a major reprieve for the Directors of Amazon Seller services, a sessions court in Mumbai recently quashed and set aside an order of a Magistrate which issued process against the Directors in a case related to sale of 'prohibited' abortion pills on its portal - amazon.com.

Additional Sessions Judge Mujibodeen Shaikh was hearing the revision application filed by Kandula Rao and Noorilamin Patel, both residents of Bangalore challenging an order of a Magistrate court which issued process against them.

As per the prosecution, one complainant had found - Women Abortion Pills and Safe Abort Tablets - on Amazon's platform. She ordered the same and the payment mode was cash on delivery. Accordingly, when she received the order, she paid Rs 467 only to find that the company didn't deliver abortion tablets but "a-kare" tablet, an alternative for aborting pregnancy.

When the customer issued notices to the company and Amazon, the latter in its reply, accepted the fact that the abortion pills were being sold on its platform, which are prohibited. The Drug Inspector of the Food & Drugs Administration, on enquiry found that the manufacturing company - M/s Gurunanak Enterprises was selling the drugs without doctor's prescription and also several other irregularities were notices. Therefore, a complaint alleging flagrant violations of the Drugs and Cosmetics Act 1940 and Rules 1945 was filed before a Magistrate, who ordered issuance of process against the applicants.

The Judge noted that Amazon had entered into an agreement with one M/s Gurunanak Enterprises which was the vendor selling the products - Women Abortion Pills and Safe Abort Tablets.

"The applicants are the Directors of Amazon Seller Services Pvt. Ltd., it comes within the meaning of and definition of intermediary under Section 2(1)(w) of the Information Technology Act, 2000. Therefore, Amazon would be entitled to exemption from the liability in terms of Section 79 of the Information Technology Act, 2000," the court said in the order passed on February 4, but made available recently.

The judge said that Gurunanak was the company which sold the tablets in question to the complainant and not the applicant Directors of Amazon.

"The vendor Gurunanak Enterprises was responsible for purchaser/customer. Amazon has entered into the Agreement with M/s. Gurunanak Enterprises and in that Agreement it is specifically mentioned regarding prohibited drugs should not be kept for sale,"Judge Shaikh noted.

While referring to various judgments that could be applicable to the present case, the judge said that the law was thus crystal clear that the Magistrate needs to order an enquiry before issuing process especially when the applicants lived in Bangalore i.e. outside the jurisdiction of the court.

"The impugned order passed by the Magistrate against the applicants is perverse and grossly erroneous and the said order is cryptic in which law is not considered properly. Therefore, same is required to be set quashed and set aside not only for applicants but in entirety. Hence, interference of this Court is necessary," Judge Shaikh said while quashing the order issuing process.

Appearance:

Advocate Mobin Solkar appeared for the Applicants.

Additional Public Prosecutor BG Pande represented the State.

Case Title: Kandula Raghava Rao vs State of Maharashtra

Click Here To Read/Download Order