Karnataka High Court.
The Karnataka High Court on Tuesday stayed trial court proceedings in a misleading advertisement case filed against Divya Pharmacy (affiliated to Patanjali Ayurved) and its co-founder-promoter Acharya Balakrishna [M/S Divya Pharmacy and anr v. State of Karnataka and anr].
Justice SR Krishna Kumar passed the interim stay order on a petition by Divya Pharmacy and Balkrishna. Their petition prayed for directions to quash the private complaint against them and the criminal trial proceedings that ensued pursuant to the complaint.
Justice SR Krishna Kumar
Representing the company and Balkrishna, Senior Advocate Sandesh Chouta argued that the trial court could not have taken cognisance (judicial notice) in the matter only on the basis of a private complaint since the case concerns the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
He contended that the Supreme Court itself has held that a police complaint needs to be filed in such matters.
He also revealed that the private complaint concerned two products sold by Divya Pharmacy – one, a product to treat blood pressure and the other for the treatment of diabetes. He added that the complainant took objection to the manner in which these products were described. He questioned whether such descriptions would amount to an objectionable advertisement.
“And it is not a case where we don’t have licence,” he further said.
Justice SR Krishna Kumar, Karnataka HC.
The High Court eventually adjourned the matter, after noting that the opposing counsel would need time to respond to the petition. It also issued an order of interim stay on the trial court proceedings.
According to publicly available details, the private complaint against Divya Pharmacy and Balkrishna was filed before the third Additional Senior Civil Judge and Chief Judicial Magistrate, Mysuru in February this year.
The complaint cited Sections 4 (prohibition of misleading advertisements relating to drugs) and 7 (penalty) of Drugs and Magic Remedies (Objectionable Advertisements) Act.
On June 3, the trial court issued a non-bailable warrant (NBW) against Divya Pharmacy and Balkrishna to secure their presence before it after they failed to appear in court despite summons.
However, the trial court later cancelled the NBW after their counsel appeared to explain that the failure to attend trial court was not wilful or deliberate.
The trial court was also told that the accused reside in Haridwar and could not sent their vakalath to their advocate within time, which explained the absence of their lawyer in earlier hearings.
By an order passed on June 16, the trial court proceeded to cancel the NBW, provided that the accused appear before the court for the next hearing.
The matter was earlier scheduled to be heard next on June 30 by the trial court. However, the same has now been stayed by the High Court today.
