In a recent notice The Delhi High Court has upheld the constitutional validity of Rule 106B of the Drugs and Cosmetics Rules 1945 inserted by notification dated 22nd February, 1994. The order was passed by High Court Bench of Hon’ble Ms. Justice Veena Birbal on 8th February 2008.
The judges have written “A tragedy resulting in loss of human lives and involving the use of spurious alcohol based medicinal preparations led to the constitution of a one man inquiry Committee under the Chairmanship of Justice Jagdish Chandra. Among other recommendations the Committee suggested that the medicinal preparations containing more than 12% alcohol should be packaged in smaller packages. The rule so introduced prohibits packing of homeopathic medicines containing more than 12% Ethyl Alcohol in packing or bottles of more than 30ml except in cases where the medicine is being sold to hospitals or dispensaries in which case packing in bottles cannot be of a capacity more than 100ml.” In the Final wording Judges said that they have no hesitation in holding that the restriction placed upon the containers for sale of homeopathic medicines with more than 12% alcohol content is a reasonable restriction and is intended to prevent misuse of such preparations by those who purchase the same across the counter.
This judgement shall put a dead end to the sale of pound packing of homeopathic medicines. However companies are planning to move the Supreme Court against this judgement.