Delhi HC ban on Online Sale of Medicines through E-pharmacies to continue

In continuation of its interim order passed in a plea challenging the online sale of medicines through e-pharmacies, the Delhi High Court today extended the stay on such sale till February 6.

The order was passed by a Division Bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao, after it was informed about a contradictory order passed by a Division Bench of the Madras High Court last month, vacating the interim stay on sale of medicines online.

“We go by what is stated before us“, Justice Menon said.

Central Government Standing Counsel Kirtiman Singh informed the Court that the Centre has filed its reply to the plea and that “rules are being formed” to regulate the online sale of medicines.

Taking note of the reports of various committees and the absence of statutory rules to govern the sale of medicines through e-pharmacies, the Court ordered,

“We are not inclined to vacate the order.”

The order was passed in a petition moved by one Dr. Zaheer Khan seeking to restrain the online sale of medicines by e-pharmacies on the ground that the same it is not permitted under the Drugs and Cosmetics Act, 1940 and the Pharmacy Act, 1948.

The petition filed through advocates 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.”

Last month, while reserving its order in  a similar plea filed before it, the Madras High Court had suspended the ban on sale of medicines online until the delivery of its verdict. Last week, the Madras High Court posted the matter for final disposal to January 24, while extending the suspension of the ban till then.

The petitioner was represented by Senior Advocate Arvind Nigam and Advocate Nakul Mohta.

The matter will next be heard by the Delhi High Court on February 6.