Anandaiah's concoction: AP HC orders `effective' distribution of medicine except for eye drops

However, the court asked the government to submit a report on why eye drops should not be permitted for use. The court has asked the government to revert by June 3.

Hearing the arguments, the court said it does not agree with the submissions of the government counsel as they lack substance and support of the law. At this juncture, the counsel requested the court for an adjournment since the government had convened a review meeting to take a decision on Anandaiah's medicine.

When the court reconvened in the afternoon, the government counsel said the administration has approved the usage of Anandaiah's medicine except for eye drops. The court later permitted Anandaiah to resume distribution of his medicine but not administer the eye drops.

Taking objection, Anandaiah counsel N.Ashwani Kumar said distribution of eye drops is crucial for patients with poor oxygen levels. He said Anandaiah has been administering the eye drops for 15 years and there has never been any complaint.

The court requested Ashwani Kumar to wait till June 3 when the government will submit its report with respect to the eye drops. The court, however, directed the district administration to support Anandaiah in the "effective and smooth distribution" of the medicine.

Earlier the writ petition filed by Anandaiah came up for hearing on Monday. N.Ashwani Kumar, appearing for Anandaiah, argued that the drug manufactured by the petitioner is an Ayurvedic medicine that is helpful in the treatment of the COVID-19 virus.

He said the drug prepared by the petitioner is unique in its combination and has to be categorized under 'patent or proprietary medicine' as defined under Section 3(h) of the Drugs & Cosmetics Act, 1940. He also argued that Anandaiah is a Vaidya who is practicing as an Ayurvedic doctor for many years and therefore the drug which is being distributed does not require any license.

He said the proviso to Section 33EEC specifically applies to the case of the petitioner herein and provides an exception for obtaining any license. "The petitioner does not have any intention to sell the drug developed by him commercially. He only intends to distribute it to the public free of cost," he said.

It was further argued that Anandaiah has developed the drug using the traditional knowledge that he had acquired from his ancestors and his practice in the field of Ayurveda for several decades.

"Therefore, there is an exclusive right for him to use the combination and prepare the drug. It is not obligatory for him to reveal the concoction or the combination of the drug. The concoction is his intellectual property," the counsel argued.

Earlier, the government counsel Sumon argued that these medicines are not safe. He argued that there is every likelihood of black fungus in the medicines. Hence, Anandaiah should not be allowed to manufacture and distribute the medicine.