Online Sale of Medicines: Delhi HC issues notice in contempt plea

The Delhi High Court has issued notice in a contempt petition filed in connection with its direction to ban the online sale of medicines through e-pharmacies..Notice has been issued to the Centre, the Central Drugs Standard Control Organisation, and the Drugs Controller, Delhi. E-pharmacies and online merchants like IMG Technologies, 91 Streets Media Technologies, Corner Store Technologies and Dunzo Digital have also been served..The matter was listed for hearing before a Division Bench of Chief Justice Rajendra Menon and Justice Anup J Bhambhani..The Court had in December last year directed the Central government and the Delhi government to restrain the online sale of medicines by e-pharmacies, as the same is not permitted under the Drugs and Cosmetics Act, 1940 and the Pharmacy Act, 1948. .The order was passed in a petition moved by one Dr. Zaheer Khan. The petition filed through advocates Nakul Mohta and Misha Rohatgi Mohta claimed 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.”.In the contempt petition, the petitioner has contended that due to the callous and negligent attitude of the Central Government and Drug Controller, Delhi, the contemnor e-pharmacies, as well as other similarly situated online medicine sellers, continued selling medicines online..The e-pharmcies are still not only advertising, but also running their website/phone applications to sell medicines, the petition alleges..The petition thus contends that the respondents have failed to take any steps to prohibit the illegal online sale of medicines, in spite of being aware of their existence. This, it is contended, is in defiance of the order passed by the Court..“The blatant and wilful disobedience of clear directions passed by the Division Bench of this Hon’ble Court is an act of gross contempt. It diminishes the majesty of Court and is also putting public health at great risk.“.The matter will be heard on May 9, on which date the main petition is listed for further hearing.