Siddha professionals can practice modern medicine but can’t store allopathy drugs: Madras High Court

The Madras High Court recently refused to quash criminal proceedings against a practitioner of Siddha or traditional Ayurveda based medicines, booked for storing allopathy drugs in her clinic.

In an order passed on October 3, Justice G Jayachandran said that while there is no bar on qualified Siddha practitioner from practicing even modern medicine in the State, storing allopathy medicines by Siddha practitioners will constitute an offence under the Drugs and Cosmetics Act, 1940.

“Section 18(c) of the Drugs and Cosmetics Act, 1940 mandates storing for sale or for distribution, or sell or stock or exhibit or offer for sale or distribute any drug should be only with license issued for the said purpose. Section 27(b)(ii) provides penalty for contravening Section 18(c). The case against the petitioner is not for using modern scientific system, but for stocking and selling the drugs without license,” the High Court said.

The Court dismissed a petition filed by one S Sindhu, a Bachelor of Siddha Medicine and Surgery, who runs a traditional medicine clinic in Chennai.

In February 2017, an official from the Office of Assistant Director of Drugs Control inspected her clinic following a private complaint and recovered around 29 odd units of used and unused allopathy medicines.

The petitioner’s counsel urged the Court to quash the criminal proceedings initiated against Sindhu saying the trial court had taken cognisance of the case without applying its mind as a September 2010 notification issued by the Tamil Nadu government permitted even Siddha practitioners to “practise modern scientific system of medicine,” and thus, she was eligible to prescribe Allopathy medicine.

However, the State argued that Section 18(c) of the 1940 Act explicitly prohibited stocking of medical allopathy drugs by those without a license to do so.

The High Court also noted that Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940 also provided for a penalty for contravening Section 18(c).

“Section 18(c) of the Drugs and Cosmetics Act, 1940 mandates storing for sale or for distribution, or sell or stock or exhibit or offer for sale or distribute any drug should be only with license issued for the said purpose. Section 27(b)(ii) provides penalty for contravening Section 18(c). The case against the petitioner is not for using modern scientific system, but for stocking and selling the drugs without license,” the High Court said while dismissing the petition.

Advocate A Velmurugan appeared for S Sindhu.

Government Advocate KMD Muhilan appeared for the State government.

[Read Order]