Siddha practitioners can practise allopathy but can't store modern drugs: Madras high court

CHENNAI: The Madras high court has clarified that siddha practitioners in Tamil Nadu are not barred from practising modern medicine. The only restriction is that they cannot store allopathy medicine, as it would violate provisions of the Drugs and Cosmetics Act.

"A GO dated Sept 8, 2010, issued by the health and family welfare department permits registered members of the Tamil Nadu Siddha Medical Council to practise the modern scientific system of medicine for the purpose of the Drugs and Cosmetics Act," Justice G Jayachandran said. Therefore, adopting the modern scientific system of medicine by the petitioner was not prohibited, he said.

The court made the observation while dismissing a plea moved by S Sindhu, seeking to quash a criminal proceeding initiated against her by a drugs inspector in Chennai for possessing allopathy drugs in her clinic. Refusing to allow the plea, the court clarified that while the petitioner was entitled to practise allopathy, she could not possess allopathy drugs in her clinic.

The proceeding was initiated for storing allopathy drugs in her clinic. As many as 29 items of allopathy drugs manufactured by different pharmaceutical companies with the seal of a physician's sample, 15 drugs with MRP, and three used drugs were seized from her clinic in Sembium, the court said.

"Section 18(c) of the Drugs and Cosmetics Act mandates that storing for sale or for distribution, or selling, or stocking, or exhibiting, or offering for sale or distributing any drug should be only with a licence issued for the said purpose," the judge said. The case against the petitioner was not for using the modern scientific system but for stocking and selling the drugs without a licence, the court pointed out.