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The Madras High Court stayed the order of banning the sale of online medicine proclaiming to the fact that it would cause severe inconvenience to the patients if it would be banned all of a sudden. Justice M Sathyanarayanan and Justice P Rajamanickam had ordered the interim stay by allowing the miscellaneous petitions filed by the traders who were involved with the business of online selling of the medicines. However, on December 21 the orders were reserved. On December 17 Justice Pushpa Sathyanarayana banned the online sale of medicine. The wait was for the notification given by Union Health Ministry and the Central Drugs Standard Control Organisation regarding the Drugs and Cosmetics Amendment Rules.
Tamil Nadu Chemists and Druggists Association had played a vital role by filing the petition on which the order had been passed. The order was challenged by Netmeds Marketplace, who was one of the most important petitioners and had also played the role of filing miscellaneous petitions. It was submitted infront of the court that it had failed to view the fact that the the license under Drugs and Cosmetics Act is extremely important for the online business model.
The Central Government had however submitted that vending of drugs through mail, shipping etc. was not prohibited under the act. Even in the interim order the bench had mentioned that the online sale of the medicines had taken place for quite some time. It was also noted that the online selling of the medicines was in itself a very raw concept and according to the arguments given by the judges it was proved that the great care and precaution would be needed for handling the medicines as it deals with the human lives and in due course the online sale could be risky with regards to the expiry date of the medicines as mentioned by TNCDA. It is also important to note that the sale of medicines is not for the business purpose and profit making but to cater to the notion of quality healthy life.
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