Online med sale: Challenge to be heard on Nov 19

Following a roster change, Justice Pushpa Sathyanarayana, before whom the plea came on Friday, heard brief submissions made by the petitioner, as well as the intermediaries and online pharmacy companies.

Submissions by the intermediaries dwelt largely on whether the petitioner, Tamil Nadu Chemists and Druggists Association could approach the Court with a fresh petition on the issue, when a similar case moved by it is already pending with no orders being passed.

Barring the plea raising the aspect of notification of draft rules to regulate the online sale of medicines, it was pointed that mere notification of new rules cannot usher in a new cause of action, when a similar petition is already pending.

Submissions also dwelt on the aspect that the intermediaries are like the ‘Swiggy of medicines’, enabling the aged and disabled obtain their medicines at their doorstep. It was pointed out that unlike in a licensed pharmacy were medicines could be purchased over the counter without prescription, the online sale of drugs can transpire only through a prescribed transcription and that the process revolves around facilitating the delivery of medicines from registered pharmacies.

Senior Advocate ARL Sunderasan appeared for the Tamil Nadu Chemists and Druggists Union. Senior Advocates PS Raman, PR Raman, Satish Parasaran and MS Krishnan, among others, appeared on behalf of the intermediaries and licensed e-pharmacies.