Manisha Yadav
On 24th June 2025, the Karnataka High Court stayed Criminal Trial Court proceedings in a misleading advertisement case against Divya Pharmacy (affiliated to Patanjali Ayurved, owned by Baba Ramdev & Acharya Balkrishna). Justice SR Krishna Kumar passed this temporary order (interim stay) after Divya Pharmacy and Acharya Balakrishna filed a petition asking the court to cancel the private complaint and stop the criminal trial that followed.
The instant case was initiated based on a private complaint filed by a Drugs Inspector, who alleged that the advertisement violated Section 4 (prohibits publication of any advertisement which claims falsely, related to a drug) & Section 7 of The Drugs and Magic Remedies (Objectionable Advertisements) Act,1954. Senior Advocate Sandesh Chouta, representing the Divya Pharmacy & Balkrishna, argued that based on a private complaint, the Court cannot take cognizance; a Police Complaint is required in such matters.
On June 3, 2025, the Trial Court issued a Non-Bailable Warrant (NBW) against Acharya Balkrishna and Divya Pharmacy since they failed to appear in Court despite a summons. Then, the Court cancelled the NBW after their counsel appeared to explain the absence of their client in earlier hearings. Uttarakhand State Licensing Authority issued an order to cancel 14 of their products with immediate effect. Therefore, Baba Ramdev & Acharya Balkrishna approached the High Court to quash the criminal proceedings because the case exceeded the Statutory limitation period.
Sandesh Chouta emphasized that the advertisements fulfill the requirements of law with regulatory guidelines, therefore, not misleading the public. Senior lawyer also argued that the products in question were ayurvedic medicines, which were manufactured under the proper guidelines and licenses. The criminal complaint lacks specific evidence supporting the allegations.
Therefore, the Karnataka High Court granted an interim stay on the Trial Court proceedings in a case alleging misleading advertisements against Divya Pharmacy and Balkrishna.
The next date of hearing is scheduled for 30th June 2025.
Case Name: M/s Divya Pharmacy and Anr. v. State of Karnataka and Anr.
Bench: Justice S.R. Krishna Kumar
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