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1989 DIGILAW 715 (RAJ)

Dr. S. G. Kabra v. State of Raj

1989-09-22

S.N.BHARGAVA

body1989
JUDGMENT 1. 1. This writ petition has been filed seeking directions against the State of Rajasthan and the inspector General of Police for taking immediate steps against the persons who are violating the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act. 1954. (hereinafter referred to as the `Act of 1954'). Notices to ,how cause were issued to the respondents as to why the writ petition should not he admitted and disposed of Notices were served on the State Government on 2.6.89. On 4.7.1989, Mr. N. L. Pareek. appearing on behalf of the State wanted time to file the reply. Reply was filed on 7.7.89. The petitioner in his writ petition has quoted the objects and reasons of the Act 1954 and has also reproduced Section 3 and 5 of the Act of 1954. He has further submitted that Section 9A of the Act of 1954 makes the under the Act of 1954 cognizable, penalty whereof is provided under section 7. The petitioner alongwith the writ petition has filed Annexures 1 to 6 and has submitted that they are all objectionable advertisements published in various news-papers. magazines etc. On November 27, 1988, the petitioner submitted a detailed representation rather report to the Supdt. of Police, Jaipur drawing his attention about such publications and pointing out that the s are cognizable but inspite of that no action had been taken. Therefore, the petitioner had to file this writ petition. 2. The State of Rajasthan in its reply has very vaguely submitted that they have authorised Mr. O.P. Sharma to lodge an FIR against the persons who commit offences under section 3 and 5 of the Act of 1954 and that Mr. O.P. Sharma had lodged FIR No. 340/89 at Police Station Kotwali, Jaipur. The State of Rajasthan has not produced a copy of the FIR nor it has been stated in the reply filed on its behalf as to against whom the FIR had been lodged. Learned counsel for the Sate is not in a position to inform this Court as to what was the result of the investigation made by the police, if any and what further action is being taken. It has of course been stated in the reply filed on behalf of the State of Rajasthan that they will refer the investigation record at the time of hearing. It has of course been stated in the reply filed on behalf of the State of Rajasthan that they will refer the investigation record at the time of hearing. It is very unfortunate that inspite of the Act of 1954 having been enacted as early as in the year 1954 the State Government had been sleeping over the natter and did not take any steps against the persons who had been publishing objectionable advertisements relating to the alleged cures for veneral diseases, sexual stimulants and alleged cures for diseases and conditions peculiar to women and using obscene pictures in the advertisements. It has been provided by the Act of 1954 that no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for (a) the procurement of miscarriage in women or prevention of conception in women; or (b) the maintenance or improvement of the capacity of human beings for sexual pleasure; or (c) the correction of menstrual disorder in women; or (d) the diagnosis, cure, mitigation. treatment or prevention of any disease, disorder or condition specified in the Schedule or any other diseases, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Act. The Act of 1954 has also provided some Provisos which are not necessary for the disposal of this writ petition. Section 5 of the Act of 1954 prohibits any person from carrying on or purporting to carry on the profession of administering magic remedies and to take part in the publication of any advertisement referring to any magic remedy which directly or indirectly claim to be efficacious for any of the purposes specified in Section 3. Section 9A of the Act of 1954 makes the under the Act cognizable. It is apparent and obvious that a duty is cast on the State to bring the offenders to book and take action against them. It is not necessary to emphasise that these days, such advertisements are very common and are very harmful. Such advertisements are widely published in several newspapers and magazines. It is apparent and obvious that a duty is cast on the State to bring the offenders to book and take action against them. It is not necessary to emphasise that these days, such advertisements are very common and are very harmful. Such advertisements are widely published in several newspapers and magazines. It is the duty of the State Government to take appropriate action as and when any such matter is published in any newspaper or magazine which is available in the State of Rajasthan or is being sold in the market. It will be profitable to mention here that there is a Schedule attached to the Act giving the names of the diseases, and disorders for which medicines are provided by these advertisements and persons take these medicines for curing the so-called diseases without even getting them examined by a doctor or even without correct diagnosis, which is likely to harm to a great extent. Therefore, it is all the mere necessary to take prompt action against such advertisement and publications. Looking to the vague reply filed on behalf of the State of Rajasthan, it is necessary to direct the State of Rajasthan and specially the Inspector General of Police, Rajasthan, to create a Special Cell which should keep a close watch on such publications and advertisements in news papers and magazines etc. lodge report against the offenders immediately. Such matters should be investigated promptly and the matter should be processed in the court of law very promptly so that the offenders are brought to book at an early date thereby preventing them from repeating and committing such s and to avoid any harm to the public at large. The Inspector General of Police should also keep this Court informed about the various actions taken in this regard. 3. Before I close, I will like to appreciate and place on record, the public spirit that has been shown by the petitioner first in making the representation to the State Government and then coming to this Court in general public interest. 4. In the result this writ petition is decided as indicated above.Petition Decided. *******