Plea by ayurvedic practitioner to quash trial dismissed-justice jayachandren
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Plea by ayurvedic practitioner to quash trial dismissed
Kaushik Kannan | TNN | Jun 16, 2020, 04:19 IST
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Madurai: Madras high court has dismissed a plea moved by an ayurveda practitioner seeking to quash the proceedings in a case pending before the trial court against him on charges of practicing allopathic medicine in Virudhunagar district in 2015, citing that the trial court was prima facie satisfied with the material available to proceed with the trial.
The charge against the petitioner, Singaraj, was that when Selvabaskar, senior resident medical officer of Srivilliputhur Government Hospital, inspected the premises of the petitioner on January 10, 2015, he found out that the petitioner was practicing allopathic medicine without proper qualification and seized medicines from his premises.
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Based on the complaint, the Vanniampatti police registered a case against the petitioner for the offence under Section 15(3) of the Indian Medical Council Act and Sections 336, 420 of IPC. After completing the investigation, police filed the final report, which was taken on file by the Srivilliputhur judicial magistrate (JM) II court.
The petitioner moved the Madurai bench of the high court in 2016, to quash the criminal prosecution on the ground that the petitioner is an ayurvedic medical practitioner, duly registered in the Tamil Nadu Board of Indian Medicine. He stated that he was also the proprietor of a medical shop and was licensed to sell allopathic medicine. Hence he contended that possession of allopathic medicine is not an illegal act.
On perusal of the submissions, Justice G Jayachandran observed that the petitioner is not a registered practitioner under the Medical Council of India as defined under the provisions of Indian Medical Council Act. The judge observed that the possession of the certificate issued by the Tamil Nadu Board of Indian Medicine will enable him to only practice ayurveda.
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