Judgment 1. By this writ petition, in the nature of Public Interest Litigation, the petitioner has prayed as under : - "(i) By an appropriate writ, order or direction the respondents be directed to take all necessary steps to stop the publishing vulgar and fraud advertisements; (ii) By an appropriate writ, order or direction the respondents be directed to take action against the companies, clinics, institutions and centres news papers which are misguiding and cheating the innocent public/society through the media and as per law punish them". 2. Some photo copies of the advertisement published in the newspapers have also been annexed in the petition. The case of the petitioner is that publication of these advertisements in the newspapers are contrary to the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (hereinafter to be referred as ‘the Act). 3. Notices were issued in this petition and reply has been filed by Respondent No. 1 and Respondent No. 5. In reply, it is stated by Respondent No. 1 that in the present Act only objectionable advertisements of drugs are covered and treatment by any medical practitioner is not yet covered in the Act. Some provisions of the Act are also reproduced in the reply. 4. The perusal of the provisions of the Act shows that if any advertisement is given relating to drugs which mislead the public or give the false impression regarding the true character of the drug and also if some advertisements are given regarding treatment of some diseases by way of magic remedy, these types of advertisements are banned as per the provisions of the Act. We have gone through the photo copies of the advertisements annexed with the petition. 5. Without knowing their real state of affairs, we cannot say that they are false or misleading the public. Otherwise also, in the reply Respondent No. 1 has stated that some amendments are being proposed in the Act to cover the consultation and treatment and that are under consideration. The relevant part of reply of Respondent No. 1 reads as under : - "(iii) That at present, the Act covers only the objectionable advertisement of drugs only. Treatment of any disease by any medical practitioner is not yet covered in the Act. The relevant part of reply of Respondent No. 1 reads as under : - "(iii) That at present, the Act covers only the objectionable advertisement of drugs only. Treatment of any disease by any medical practitioner is not yet covered in the Act. Though even if any advertisement, which is objectionable and against the spirit of the Act, is not covered within the ambit of the Act. For the kind perusal of the Honble Court, Sections 3, 4 and 5 of the Act are being reproduced here as under: - "Section 3. Prohibition of advertisement of certain drugs for treatment of certain diseases and disorders.-Subject to the provisions of this Act, 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 : .(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 disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under this Act. Provided that no such rule shall be made : .(i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a registered medical practitioner or for which there are normally no accepted remedies, and (ii) after consultation with the Drugs Technical Advisory Board constituted under the Drugs and Cosmetics Act, 1940 (23 of 1940) and, if the Central Government considers necessary, with such other persons having special knowledge or practical experience in respect of Ayurvedic or Unani systems of medicines as that Government deems fit]" Section 4. Prohibition of misleading advertisements relating to drugs.-Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matter .(a) directly or indirectly gives a false impression regarding true character of the drug; or .(b) makes a false claim for the drug; or .(c) is otherwise false or misleading in any material particular". Section 5. Section 5. Prohibition of advertisement of magic remedies for treatment of certain diseases or disorders.-No person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which indirectly or indirectly claims to be effacious for any of the purposes specified in Section 3". Herein, definition of `Magic Remedy is reproduced under Section 2(c) : "Magic remedy includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous power for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals". .(iv) That this difficulty was also realised by the Government of India because while implementing the Act or whenever it was considered suitable to take action against, any person with regard to publication of objectionable advertisements by the State Governments, the shortcomings of the Act came in the way. .(v) That based on experience and difficulties faced in the enforcement of the Act by the State Authorities, Government of India had considered the proposal to suitably amend the Act. The thrust of the proposed amendments was on the shortcomings of the Act which are mentioned above, in addition to other facts and circumstances. Thus, the Central Government is considering the proposed amendments. Proposals related to this writ petition are being reproduced here as under : (a) Amendment to overcome the difficulties faced in taking action against the quacks of certain medical practitioners resorting to advertisement tolure the patients to them for consultation without referring the name of the any drug or article. It was proposed to bring "Consultation" and "Treatment" within the scope of the Act. For this purpose, for the expression "Advertisement of drugs in certain cases", wherever it carries the expression "Advertisement of drugs, consultation, treatment in certain cases" was proposed to be substituted. It was thus proposed to amend the Sections 3 and 4 of the Act suitably It was also proposed to amend "definition of consultation and treatment under Section 2 of the Act". .(b) "Consultation", "Clinic" and "Treatment" proposed to be brought within the scope of the Act, by incorporation suitable changes in the preamble of the Act. It was thus proposed to amend the Sections 3 and 4 of the Act suitably It was also proposed to amend "definition of consultation and treatment under Section 2 of the Act". .(b) "Consultation", "Clinic" and "Treatment" proposed to be brought within the scope of the Act, by incorporation suitable changes in the preamble of the Act. Similarly the "definition of Advertisement" is proposed to be amended to specifically cover advertisement through electronic media. .(c) "Definition of the Registered Medical Practitioner" is proposed to be simplified. .(d) The advertisements in respect of clinic and consultation, which claim to offer treatment or cure for diseases specified in the schedule of the Act, are proposed to be prohibited by inserting Section 3(a). .(e) Thequantum of punishment is proposed to be enhanced and minimum sentence and fine which must be imposed by the Court is proposed to be prescribed. .(f) New Section 8(a) which cast statutory obligation on every person taking part in publication and advertisement to furnish information to the authorised officers, is proposed to be inserted. .(g) TheAuthorised Officers are proposed to be made liable for vexations by inserting Section 10(a). .(h) The present schedule is proposed to be substituted by the new schedule containing the revised list of diseases, disorders and conditions and to bring the schedule to the Act in line with "Schedule J" to the Drugs and Cosmetic Rules, 1945. .(vi) That the enforcement of this Act is through State Government". Under Section 9(a), offences punishable under this Act are made cognizable and, drug inspectors as well as police is authorised to take action against the offenders. Whatever difficulties are being faced by the State Government and in different State Governments had been brought in the notice of the Central Government to amend the Act, suitably to enforce the Act in spirit as well as to close the loop holes which give way to the offenders to escape, from the grip of law. Whatever is submitted above, as proposed amendments, is gist of the representations, submissions, proposals made by the State Governments, State of Rajasthan has made similar proposals from time to time. Due to all this Central Government was in a process to amend the Act, which is submitted earlier". 6. Whatever is submitted above, as proposed amendments, is gist of the representations, submissions, proposals made by the State Governments, State of Rajasthan has made similar proposals from time to time. Due to all this Central Government was in a process to amend the Act, which is submitted earlier". 6. In view of the reply and the fact that Government is cautious to take appropriate steps regarding check on publication of vulgar and fraud advertisements and even some amendments in the provisions of the Act is under consideration to check the publication of the advertisements as stated in the writ petition, therefore, under the existing Act, no order or direction need be given at this stage to the respondents. 7. The writ petition stands dismissed at admission stage.