Madras High Court Rules Siddha Practitioners Can’t Store Allopathy Drugs Without License
The Madras High Court has clarified that while Siddha practitioners are allowed to practice modern medicine, they cannot store allopathic drugs without a proper license. The court recently declined to quash criminal proceedings against S. Sindhu, a Siddha practitioner in Chennai, who was charged with unlawfully storing allopathy medications in her clinic.
In an order issued on October 3, Justice G. Jayachandran emphasized that storing allopathic medicines without a license constitutes an offense under the Drugs and Cosmetics Act, 1940. He pointed out that Section 18(c) of the Act requires that any drug intended for sale, distribution, or storage must be licensed. Additionally, Section 27(b)(ii) stipulates penalties for violations of Section 18(c).
The case against Sindhu arose in February 2017, when a Drugs Control official inspected her clinic following a complaint and discovered approximately 29 units of both used and unused allopathic medicines. Sindhu’s counsel argued that the trial court had improperly taken cognizance of the case, citing a September 2010 Tamil Nadu government notification that permitted Siddha practitioners to practice modern medicine, including the prescription of allopathy.
However, the State contended that the law explicitly prohibits individuals without a license from stocking allopathic drugs. The High Court reiterated that the charges against Sindhu were not related to her ability to practice modern medicine but were specifically about her unauthorized storage of allopathic drugs.
Advocate A. Velmurugan represented Sindhu, while Government Advocate K.M.D. Muhilan appeared for the State.
(With inputs from agency)
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