Case Note & Summary
The applicants, Dheeraj Kachrulal Patonda and Hitesh Rajendra Sharma, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. I-328 of 2018 registered at Police Station Satara, Aurangabad, for offences under Section 420 of the Indian Penal Code, 1860, and Sections 3(B), 4, and 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, along with the consequent criminal proceeding RCC No. 1216 of 2019. The applicants were businessmen involved in marketing medicinal products under the name 'Indiyana Distribution Network LLP' at Indore, Madhya Pradesh. The first informant, Rajesh Bhaurao Patil, a resident of Aurangabad, came across an advertisement on YouTube for an Ayurvedic medicine called 'Asthijivik', which claimed to be an accurate treatment for joint and knee pains. He placed an online order and purchased four bottles of the oil and liniment. After using the product, he found it ineffective and lodged the FIR. The applicants contended that the advertisement did not claim to cure any disease specified in the Schedule to the Drugs and Magic Remedies Act, and therefore no offence was made out. They also argued that the ingredients of cheating under Section 420 IPC were absent. The State and the complainant opposed the application. The High Court examined the provisions of the Act and noted that Section 3 prohibits advertisements of drugs for treatment of diseases enumerated in the Schedule, which includes diseases like asthma, diabetes, etc., but not joint or knee pains. The court held that the advertisement for 'Asthijivik' did not fall within the prohibited category, and no prima facie case under the Act was made out. Regarding Section 420 IPC, the court observed that there was no allegation of dishonest inducement at the time of purchase; the complainant voluntarily purchased the medicine after seeing the advertisement. The mere fact that the medicine did not yield the desired result does not constitute cheating. Consequently, the court allowed the application, quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Abuse of Process - The High Court has inherent power to quash criminal proceedings to prevent abuse of process of court. The court examined whether the advertisement for Ayurvedic medicine 'Asthijivik' claiming treatment for joint and knee pains fell within the mischief of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Held that the advertisement did not claim to cure any disease specified in the Schedule to the Act, and therefore no prima facie offence was made out. (Paras 1-10) B) Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 - Sections 3, 4, 7 - Objectionable Advertisement - The Act prohibits advertisements of drugs for treatment of diseases specified in the Schedule. The advertisement in question claimed that the medicine 'Asthijivik' would be an accurate treatment for joint and knee pains. Since joint and knee pains are not listed in the Schedule, the advertisement is not objectionable under the Act. Held that the FIR and proceedings are liable to be quashed. (Paras 5-10) C) Indian Penal Code - Section 420 - Cheating - Ingredients of cheating not made out - The complainant purchased the medicine after seeing the advertisement and used it. There was no allegation of dishonest inducement or deception at the time of purchase. The mere fact that the medicine did not work as claimed does not constitute cheating. Held that no case under Section 420 IPC is made out. (Paras 5-10)
Issue of Consideration
Whether the FIR and criminal proceedings for alleged offences under Section 420 IPC and Sections 3(B), 4, and 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, should be quashed under Section 482 Cr.P.C. on the ground that the advertisement did not fall within the prohibited categories under the Act.
Final Decision
The application is allowed. FIR No. I-328 of 2018 registered at Police Station Satara, Aurangabad, and criminal proceeding RCC No. 1216 of 2019 are quashed and set aside.
Law Points
- Quashing of FIR under Section 482 Cr.P.C.
- Drugs and Magic Remedies (Objectionable Advertisements) Act
- 1954
- Sections 3
- 4
- 7
- Indian Penal Code Section 420
- Ayurvedic medicine advertisement
- no prima facie case
- abuse of process of law
