2011 CRI. L. J. 74 ::2011 FAJ 391 ::(2011) 1 Sim LC 50 ::2011 (3) Crimes 285 ::(2011) 100 AllIndCas 370 (HP)

Himachal Pradesh High Court

Hon'ble Judge(s): Deepak Gupta, Rajiv Sharma , JJ

Drugs and Cosmetics Act (23 of 1940) , S.33E, S.33P, S.33P— Misbranding of Drug - Proof - Petitioner company manufacturing Chyawanprash had been granted licence for manufacturing items like 'New Himani Sona Chandi Chyawanprash' - Company claimed that it was proprietary Ayurvedic medicine which contained silver and gold foil - But Central Government @page-CriLJ75banned use of prefix or suffix in relation to proprietary medicine and company was prohibited from manufacturing and selling said product under above licence - Plea by licencing authority that prefixing or suffixing word 'Sona Chandi' to Chyawanprash was misleading general public and amounted to misbranding as per S.33-E(c) - Not tenable - No evidence was placed by Government to show that gold and sliver do not form part of classical formulae - Once gold and silver was added to Chyawanprash - It cannot be said that company was misleading its customers by using words 'Sona Chandi' in trade name and did not amount to mis-branding. (Para 19) .....