Misleading ads: Kerala HC grants Interim relief to Baba Ramdev, Balkrishna, Divya Pharmacy

Thiruvananthapuram: The Kerala High Court has issued an interim stay on the criminal proceedings against Patanjali Ayurved founder Baba Ramdev, CEO Acharya Balkrishna, and Divya Pharmacy, in connection with the alleged publication of misleading advertisements. The advertisement in question reportedly violated the Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954.

Observing that the case was still pending before the Palakkad Court, a Single-judge bench of Justice VG Arun granted a three-month stay on the proceedings and dismissed the plea which sought to quash a criminal case against them. 

Also read- Kerala Court issues bailable warrant against Baba Ramdev, MD Balakrishna in misleading ads case

As per the Live Law report, two complaints were filed against them in the Palakkad Court and another in Kozhikode. However, this petition before the High Court was filed to quash one of the complaints pending in the Palakkad Court. 

Divya Pharmacy is an affiliate of Patanjali Ayurved Ltd, co-founded by Baba Ramdev and Acharya Balkrishna. The case stems from a complaint filed by the Palakkad Drug Inspector, who alleged that an advertisement published in the Mathrubhumi newspaper on September 30, 2023, for Patanjali’s ‘Mukta Vati Vati Extra Power’ violated the Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954. 

The complaint argued that the advertisement was published to induce patients to purchase the drugs, which will result in self-medication and the use of the drug without the direction of a medical practitioner, which may lead to undesirable and irreparable effects on the health of persons.

Following the advertisement, authorities conducted an inspection at Patanjali’s premises, where stocks of the product were found. The complaint stated that the label on the product claimed it was “useful in blood pressure (cardiac disorder),” which is alleged to be an advertisement within the meaning of Section 2(a) of the Act.

Challenging the criminal charges, Ramdev and Balkrishna approached the High Court seeking to quash the criminal proceedings. One of their primary arguments was that the case exceeded the statutory limitation period. 

According to Section 468 of the Code of Criminal Procedure (CrPC), cases involving offences punishable by up to six months in jail must be filed within a year. However, the Magistrate took cognizance of the complaint on October 28, 2024, beyond the prescribed time limit.

Patanjali’s plea also argued that the advertisement did not violate Section 3(d) of the Act, because the preamble of the Act says that the Act is intended to prevent magic remedies.

"The word magic remedy is defined as drug having miraculous powers. The object of section 3(d) to suggest/calculate to lead the use of the drug such a magical remedy is not advertised. The advertisement itself carries a statement that, the medicine can be so used only after the prescription by a registered medical practitioner, which means that the advertisement itself does not lead to the use of the drug straight away. So, the offence under the section 3(d) is not made out," the plea claimed, Bar and Bench reports. 

Moreover, according to Patanjali, the first proviso to section 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS) provides that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. Such an opportunity is mandatory, and admittedly, no such opportunity was granted to Ramdev and Balkrishna, it was contended.

However, the Kerala High Court ordered a stay of the criminal proceedings until the magistrate court rules on a verdict in this case. 

Medical Dialogues had earlier reported that the Palakkad Court had issued non-bailable arrest warrants to Ramdev and Balkrishna for failing to appear in court on January 16 in a misleading advertisement case. Later, these warrants were recalled.

Medical Dialogues had also reported that Uttarakhand State Licensing Authority (SLA) issued an order dated April 15, 2024 to Divya Pharmacy and Patanjali Ayurved Ltd. cancelling 14 of their products with immediate effect under Rule 159(1) of The Drugs and Cosmetics Rules, 1945 for repeated violations under the said Acts and Rules. The State authorities also filed a criminal complaint against Yoga Guru Ramdev, his aide Balkrishna, Divya Pharmacy and Patanjali Ayurved Ltd under sections 3, 4 and 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act.

The 14 products which have been suspended with immediate effect include Swasari Gold, Swasari Vati, Bronchom, Swasari Pravahi, Swasari Avaleh, Mukta Vati Extra Power, Lipidom, Bp Grit, Madhugrit, Madhunashini Vati Extra Power, Livamrit Advance, Livogrit, Eyegrit Gold, and Patanjali Drishti Eye Drop.

Also read- Licences of 14 products suspended: Patanjali Ayurved calls for legal action against Uttarakhand SLA