The Uttarakhand State Licensing Authority on Tuesday told the Supreme Court that manufacturing licenses of 14 products of Patanjali Ayurved Ltd and Divya Pharmacy have been "suspended with immediate effect".
The authority told the apex court that on April 16, the drug inspector/district ayurvedic and unani officer, Haridwar, had filed a criminal complaint before the chief judicial magistrate against Yoga Guru Ramdev, his aide Balkrishna, Divya Pharmacy and Patanjali Ayurved Ltd under sections 3, 4 and 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act.
The apex court is hearing a matter relating to misleading advertisements by Patanjali Ayurved Ltd.
In an affidavit filed in the top court, the SLA has given details of the steps taken by it against Patanjali and Divya Pharmacy.
During the hearing on Tuesday, a bench of Justices Hima Kohli and Ahsanuddin Amanullah came down heavily on the SLA for its "inaction" for six years in the matter, saying it has to be honest with the court if it wanted "sympathy and compassion”.
The affidavit was filed through Dr Mithilesh Kumar, the joint director of SLA, Ayurvedic and Unani Services, Dehradun.
"The SLA issued order dated April 15, 2024 to Divya Pharmacy and … Patanjali Ayurved Ltd, stating therein that the manufacturing licenses for 14 of their products namely are suspended with immediate effect under Rule 159(1) of The Drugs and Cosmetics Rules, 1945 for repeated violations under the said Acts and Rules," the affidavit said.
It said the order was also marked to the drug inspector/district ayurvedic and unani officer, Haridwar, to ensure strict compliance.
"On April 16, 2024, the drug inspector/district ayurvedic and unani officer, Haridwar, filed criminal complaint … before the chief judicial magistrate, Haridwar against Swami Ramdev, Acharya Balkrishna, Divya Pharmacy and Patanjali Ayurved Limited under sections 3, 4 and 7 of the DMR Act," it said.
The affidavit said the SLA tenders an "unconditional and unqualified apology" for any "inadvertent and unintentional non-compliance" with the orders of the apex court.
It said the SLA had addressed a letter dated April 23 to all ayurvedic/unani medicine factories in Uttarakhand directing that they shall strictly comply the
Drug and Magic Remedies Act, 1954 and no pharmaceutical factory will use claims like approved/certified by the Ministry of Ayush on the label of its product.
"The SLA herein is completely aware of the gravity of the situation and seriousness of the matter at hand and has always endeavored to discharge its duties to the best of his capacity and in accordance with law," the affidavit said.
"The SLA will continue to take all due/further steps against Divya Pharmacy and/or Patanjali Ayurved Limited, as per procedure prescribed in law and/or as per directions of this court," it said.
During the hearing, the apex court expressed dissatisfaction over the explanation offered in the affidavits, including the one filed by the SLA, and questioned why the authority has "woken up" only after the court's April 10 order.
The counsel appearing for SLA urged the court that they be permitted to file better affidavit in the matter.
The bench granted 10 days time to file the affidavit and posted the matter for hearing on May 14.
The court is hearing a plea filed in 2022 by the IMA alleging a smear campaign against the Covid vaccination drive and modern systems of medicine.
