Relief for Online Pharmacies as Madras High Court Stays Ban

Advertisement
By Press Trust of India | Updated: 3 January 2019 14:57 IST

The Madras High Court Wednesday stayed until further orders a single judge's order banning online sale of medicines, saying patients would be affected if it was prohibited all of a sudden.

A division bench of Justice M Sathyanarayanan and Justice P Rajamanickam granted the interim stay, allowing miscellaneous petitions filed by a batch of traders involved in online sale of medicines.

Advertisement

It had on December 21 reserved orders on the plea.

Justice Pushpa Sathyanarayana had in her December 17 order banned online sale of medicines till the Union Health Ministry and the Central Drugs Standard Control Organisation notified the proposed Drugs and Cosmetics Amendment Rules, 2018 in the Gazette at the earliest by January 31.

Advertisement

The order was passed on a petition by the Tamil Nadu Chemists and Druggists Association (TNCDA).

Challenging it, petitioners, including Netmeds Marketplace, filed appeals along with the miscellaneous petitions, seeking a stay on the single judge's order.

Advertisement

The appellants submitted that the judge had failed to see that their online business model involves licences under the Drugs and Cosmetics Act, and periodic forms and inspections by drug inspectors and statutory authorities were being carried out.

The central government itself, as the rule-making party, categorically held that door-to-door vending of drugs by shipping, mail, hand delivery etc., was not prohibited under the Act, they further submitted.

Advertisement

In its interim order, the bench said online sale was going on for quite some time.

"If all of a sudden, it is stopped till the amendments are notified, it would definitely create grave hardship, inconvenience and health issues to the concerned patients or persons, who order medicines through online platform," it said.

Sale through online platform was a developing concept and has been picking up, the judges noted, adding that handling the medicines required great care as it dealt with human lives.

It was also the categorical stand and assurance of the appellants that no irregularity or illegality would be allowed to take place while selling or dispensing medicines through online platform, they added.

The bench said the authorities constituted under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945 were competent to initiate appropriate action in the event of any violation of the provisions.

Hence, the court was of the considered view that the relevant portion of the impugned order of the single judge barring online sale of medicines till the draft rules were framed by the Centre required to be stayed till further orders, it said.

The bench adjourned the appeals for final hearing on January 24.

According to the TNCDA, though online shopping might be convenient to consumers, purchasing medicines through the medium could be risky as fake, expired, and unapproved drugs or unsafe products dangerous to patients might be sold.

The association had contended that medicines are not simple items of commerce but an essential component of patients' health, and drugs are to be provided under the direct supervision of a qualified pharmacist for patients' benefit.

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Further reading: Netmeds
Advertisement

Related Stories

Popular Mobile Brands
  1. Samsung Galaxy A37 vs Poco X8 Pro Max vs Vivo V70: Which Is a Better Handset
  2. Xiaomi 17 Review: Small Flagship, Big Price Tag
  1. Scientists Trace Solar Storm Origins to Hidden Layer Deep Inside the Sun
  2. Panchhi 2 OTT Release: When and Where to Watch Prince Kanwaljit Singh’s Thriller Online
  3. Khakee Circus Brings a Fun Cop vs Thief Chase to ZEE5 This April
  4. Five Nights at Freddy’s 2 Now Streaming on OTT: What You Need to Know
  5. Hubble Telescope Captures Comet Reversing Its Rotation for the First Time
  6. Sony Raises PlayStation 5, PlayStation 5 Pro and PlayStation Portal Prices Globally
  7. Wikipedia Says No to AI-Generated Text in Articles, but Makes Two Exceptions
  8. Oppo Find X9 Ultra Teased to Feature 10x Telephoto Camera With Advanced Stabilisation
  9. Japan’s FSA Warns KuCoin Over Unregistered OTC Derivatives Trading
  10. OnePlus Nord CE 6, Nord CE 6 Lite Tipped to Launch in India; Fresh Leaks Reveal Nord CE 6 Lite Features, Design
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.