Delhi HC directs Centre, Delhi Govt. to restrain the sale of medicines on e-pharmacies

The Delhi High Court has directed the Central government and the Delhi government to restrain the online sale of medicines by e-pharmacies, as the same it is not permitted under the Drugs and Cosmetics Act, 1940 and the Pharmacy Act, 1948. .The direction was passed by a Division Bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao in a petition preferred by Dr. Zaheer Ahmed, a dermatologist..The petition filed through Advocate Nakul Mohta and Misha Rohatgi Mohta claims that lakhs of medicines are being sold online through e-pharmacies, in spite of a direction of the Drug Controller General of India to the State Drug Controllers, “to put a strict vigil on online sale of medicines in violation of the Drugs and Cosmetics Act and Rules thereunder, to protect the interest of public health”, thus violating the citizens’ Right to Life guaranteed under Article 21 of the Constitution..It also highlights the serious consequence that misuse or abuse of drugs can have on human health..“A large number of children/minor or people from uneducated rural background use internet and can be victims of wrong medication while ordering medicines online which are operating without a drug license…The unregulated sale of medicines online will increase the risk of spurious, misbranded and substandard drugs being sold. Some drugs have psychotropic substances and can be easily ordered on internet and misused for criminal activities or drug abuse.”.Madras HC stays Online Sale of Medicines, Drugs through E-Pharmacies.The petition further claims that sale of drugs through e-pharmacies increases the risk of self-medication, sale of fake drugs, sale of drugs without prescription, as well as sale of psychotropic substances..Also brought on record is the report of the Sub-Committee appointed by the Drugs Consultative Committee, which concluded that the online sale of medicines poses risks to public health, and that under the present regulatory regime, such sale could not said to be permitted..The petitioner was represented by Senior Advocate Arvind Nigam and Advocate Nakul Mohta. .Earlier this year, the Madras High Court had granted an injunction restraining the unlicensed sale of medicines and drugs online, in a plea moved by the Tamil Nadu Chemists and Druggists Association (TNCDA)..Read the petition: