Madras HC Stays Online Sale Of Medicines [Read Order]

Madras HC Stays Online Sale Of Medicines [Read Order]

The Madars High Court has stayed the online sale of medicines by passing an interim order in a petition filed by Tamil Nadu Chemists and Drugs Association.

"Taking note of the seriousness of the issue and public cause, this Court grants interim injunction against the online sale of medicines without licence and directs the first respondent or the competent authority to stall such online sales forthwith", ordered Justice R Mahadevan of Madras High Court.

The petitioner sought a direction to block the link of all such websites who are carrying online sale of Schedule H, H1 & Schedule X medicines in violation of Rule 65 & 97 of the Drugs and Cosmetics Rules, 1945, till the licences are granted to sell medicines through online.

The petitioners pointed out that E-commerce companies are selling the drugs included in Schedule H, H1 & X, which are only allowed to be sold with a valid prescription and under the supervision of a registered pharmacist, having licence.

It was further pointed out that Central Government had come up with draft rules under Drugs and Cosmetics Act on August 28 to deal with online sale of drugs. Forty five days were granted inviting objections. Even though the matter is standing thus,  online sale of drugs were taking place without any control. Without incorporating specific provisions in law to regulate online sale of drugs, it should not be permitted, prayed the petition.

The matter has been adjourned to November 11 for the response of Central Government.

Similar petition is pending in the Delhi High Court as well.

Read Order