The Kerala High Court on Thursday stayed all proceedings in a lower court against Yoga guru Baba Ramdev, his associate Acharya Balakrishna and their company Divya Pharmacy in a “misleading” advertisement case.
Justice V G Arun stayed the proceedings in the Palakkad magisterial court for three months, saying there was prima facie merit in their claim that cognisance of the offence was taken after the period of limitation.
“There appears to be prima facie merit in the submission of the senior counsel (for the petitioners) that going by section 3(d) read along with section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, as well as section 550 of the BNSS, 2023, the cognisance of the offence is taken beyond the period of limitation.
“Hence, there shall be an interim stay of further proceedings in ST No.1547 of 2024 on the files of the Judicial Magistrate of First Class – II, Palakkad, for three months,” the High Court said.
The interim order was issued on the plea moved by the company, Ramdev and Balakrishna seeking quashing of the proceedings against them in the case.
The High Court also issued notice to the state government and the Office of the Drug Inspector, Palakkad, seeking their stand on the plea by June 30, the next date of hearing.
The proceedings against Ramdev and others were initiated on a complaint by the Drugs Inspector, Palakkad.
Based on the complaint, a case was registered against them under section 3(d) read with section 7(a) of the Drug and Magic Remedies (Objectionable Advertisement) Act 1954.
Section 3 of the Act prohibits advertisement of certain drugs for treatment of certain diseases and disorders and section 7 provides the penalties for contravention of the provisions of the Act.
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