No legal proceedings might be initiated towards Indian medication practitioners in the event that they use/prescribe allopathic medicines too, the Madras Excessive Court docket has dominated.
Justice RMT Teekaa Raman gave the ruling just lately whereas permitting a legal unique petition from Dr R Senthil Kumar, who sought to quash the chargesheet registered towards him earlier than the Judicial Justice of the Peace No.1, Salem in 2018.
The Block Medical Officer, Authorities Major Well being Centre, Panamarathupatty in Salem, on the orders of the Joint Director of the Medical division, had carried out a raid within the premises of the petitioner’s clinic in October, 2017 and located Kumar, who had BHMS in Homoeopathy Medication, had been practising in allopathy medication additionally and seized the identical from his clinic.
Based mostly on this criticism, the native police registered an FIR below Part 15(3) of the Indian Medical Council Act and below Part 420 (Dishonest) of the IPC. Difficult this, the current petition is filed.
The petitioner’s counsel cited a round issued by the Tamil Nadu Director Normal of Police in October, 2010, which acknowledged the docs of Indian medication shouldn’t be disturbed in the event that they use/prescribe allopathy additionally.
Permitting the petition, the choose stated that within the gentle of the stated round, it’s crucial that no proceedings might be initiated towards any of these registered practitioners in Siddha, Ayurveda, Homeopathy and Unani, who’re eligible to follow regardless of the respective methods, with Fashionable Scientific Medication additionally together with Surgical procedure and Gynecology Obstetrics, Anesthesiology, ENT and Opthalmology.
Within the stated round, a particular request had been made to the subordinate police to not intervene with the follow of registered practitioners of Siddha, Ayurveda, Unani and Homeopathy and Naturopathy, who’re registered with the TN Siddha Medical Council, TN Board of Indian Medication and TN Homeopathy Medical Council. Therefore, it’s clear that with out following the stated route, the current case has been registered by the police.
In view of the settled preposition of legislation, as additionally a judgment on the identical traces of the Excessive Court docket in 2010, moreover being attentive to the factual place that the petitioner herein is a certified medical practitioner and after seeing the seizure mahazar, the choose stated he finds that the legislation laid down within the above stated resolution squarely covers the factual place and subsequently has no hesitation to quash the cost sheet, the choose stated and quashed the identical.
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