Supreme Court not impressed with Uttarakhand authority’s ‘lightning’ action to suspend 14 licences of Patanjali, Divya Pharmacy

Supreme Court criticises Uttarakhand Licensing Authority for delayed action against Patanjali Ayurved, demands new affidavits in 10 days

The Supreme Court on April 30 expressed dissatisfaction at the Uttarakhand State Licensing Authority, saying it only “woke up” and moved against Patanjali Ayurved and its co-founder Baba Ramdev like “lightning” for repeated violations committed under the Drugs and Magic Remedies Act after the court intervened and passed orders.

A Bench of Justices Hima Kohli and Ahsanuddin Amanullah were not impressed by the authority’s affidavit which said it had, on April 15, suspended the manufacturing licences of Divya Pharmacy and Patanjali Ayurved Ltd. for 14 products., ‘Swasari Gold’, ‘Swasari Vati, Bronchom’, ‘Swasari Pravahi’, ‘Swasari Avaleh’, ‘Mukta Vati Extra Power’, ‘Lipidom’, ‘Bp Grit’, ‘Madhugrit’, ‘Madhunashini Vati Extra Power’, ‘Livamrit Advance’, ‘Livogrit’, ‘Eyegrit Gold’ and ‘Patanjali Drishti Eye Drop’ under Rule 159(1) of The Drugs and Cosmetics Rules, 1945.

“This is something you should have done as a routine. So, if you want to, you can move like lightning. Otherwise, you simply do not,” Justice Kohli addressed senior advocate Dhruv Mehta, who appeared for the State Licensing Authority (SLA).

The Court said the SLA thought it fit to move only after the court, on April 10, sought an explanation from it on why no action was taken despite repeated communications from the AYUSH Ministry about complaints received against Patanjali and Divya Pharmacy products.

“It was only after our order that you [SLA] realised that there is a law — Drugs and Magic Remedies Act. You were oblivious of it till then. Now, you wake up and realise you have power… Why were you in limbo for nearly six years?” Justice Kohli asked.

Justice Amanullah said the SLA has “shot from the court’s shoulders”.

Dr. Mithilesh Kumar, Joint Director State Licensing Authority, Ayurvedic and Unani Services, tendered an unconditional apology to the Court.