Expedite framing policy relating to online sale of drugs, HC tells Centre

Chennai: The Madras High Court has directed the Union government to expedite and finalize the policy relating to online sale of drugs and notify the same as directed by the Delhi high court in its order dated March 4, 2024. A division bench comprising Justices S M Subramaniam and C Kumarappan gave the directive in its recent order while disposing of the appeals filed by M/s.Practo Technologies Pvt.Ltd., and seven others. They had challenged a December 2018 order of a single judge prohibiting online trading of drugs and cosmetics.

The bench said till such time the policy was framed by the Union government or the Delhi High Court finally dispose of the matter, the status quo prevailing as on today shall continue. However, subject to the condition that the online sale of drugs must be made only through or by the licensed druggists and chemists. In the event of any violation, the authorities competent were bound to initiate appropriate action against the individual offenders in the manner known to law, the bench added.

In its order, the bench said since the Delhi HC was seized of the matter and the Union government was in the process of finalizing a new policy and to avoid inconsistency in dealing with the issues, which were all identical, it was inclined to dispose of the matter. More so, the policy to be framed may have far reaching consequences and the Union government has to consider various issues raised between the drug companies, stakeholders and the public in general, the bench added.