In a PIL against an advertisement concerning a drug affecting mentally challenged children, the court directed the authority to examine the claims and ban the product if grievances are verified.
Direct the authority to examine the matter, ban the product if the grievance is verified, and pass appropriate orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.J.C. No. 10755 of 1999
Heard the learned counsel for the parties.
By way of this writ petition, in the nature of Public Interest Litigation, the petitioner has prayed for the following relief:
“Under the facts and circumstances of this case, the Hon’ble High Court may graciously be pleased to call upon the opposite parties to explain under what circumstances and research, opposite party no.1 has made the claims in the advertisement and issue suitable directions for verification of the effect of the drug on mentally challenged children and pass such appropriate order/orders as this Hon’ble Court deem fit and proper.”
It appears that this matter is of the year 1999 and several adjournments have been granted. Counter affidavit on behalf of opposite party no.1 was filed in May, 2000 wherein opposite party no.1 has denied the allegations leveled against it. However, rejoinder has been filed by the petitioner on 19.12.2018. It is stated by the learned counsel for opposite party no.1 that she has received no instruction from opposite party no.1 in spite of several communications.
In view of the materials which are come on record by rejoinder, we direct the authority concerned to examine the matter and if the grievance made by the petitioner is found to be true, then the authority concerned shall take appropriate action to ban the same after following due procedure in respect of the product in accordance with law.
With the above observation, this writ petition is allowed to the aforesaid extent.
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In view of the disposal of the writ petition, the Misc. Cases/I.As connected to this writ petition, if any, are also disposed of.
Urgent certified copy of this order be granted as per Rules.
.…….......……………… ( K.S. Jhaveri ) Chief Justice
…………………..……… ( K.R. Mohapatra) Judge
SKJ/SKG
2 issues framed by the court
Whether the authority must verify claims and restrain advertising of a drug affecting mentally challenged children.
Whether the impugned advertisement regarding the product is veritable and lawful.
1 provisions across 1 enactments
Petitioner (Unsolved)
Opposite Party No.1
K.S. Jhaveri
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
