High Court admits petition challenging stay on online sale of medicines

Justice R Mahadevan on agreeing to hear petitions from online companies posted the case for further hearing on November 9, until which time the ban will be in force.

Earlier, senior counsels appearing for various online firms submitted that they were only intermediaries receiving prescriptions from patients and on procuring them from licenced pharmacies were distributing the same to the patient.

Relating themselves to being mere couriers, they said online platforms in vogue works only when a valid prescription is submitted or else process of placing the order would be rejected instantly.

However, Senior Counsel A R L Sundaresan submitted that just because the online portals procured drugs from licenced pharmacies that alone can’t make the process legal. He said for now the rules meant for e-pharmacies are in the draft stage and none of them can claim to possess a license.

Senior counsel Satish Parasaran appearing for one of the online portals said the touchstone is about the wellbeing of a patient and that portals can offer an undertaking that all medicines procured are from licenced pharmacies.