Excelsior Correspondent
JAMMU, Aug 3: A Division Bench of the High Court of Jammu & Kashmir and Ladakh comprising Chief Justice Arun Palli and Justice Rajnesh Oswal has dismissed a Public Interest Litigation (PIL) filed by one Kapil Kaul alleging the presence of heavy metals in Ayurvedic and other traditional medicines, cautioning the petitioner for suppressing material facts.
While closing the proceedings, the DB observed, “the Ministry of AYUSH and UT administration were in compliance with the directives regarding quality checks for Ayurveda, Siddha, and Unani (ASU) drugs”. The court took note of affidavits submitted by authorities confirming adherence to the 2008 guidelines mandating NABL-accredited laboratory testing and certification of heavy metals in ASU drugs.
The petitioner had cited personal consumption of Arogya Vardhini Gutika, allegedly containing mercury and arsenic beyond permissible limits, as the basis for litigation. However, the court found that the drug in question legally contains mercury as an ingredient and is exempt under the AYUSH Ministry’s 2023 advisory from listing permissible limits if such metals are part of traditional formulations.
Importantly, the court criticized the petitioner for concealing his status as proprietor of M/s Biotec Pharma, Jammu, a firm facing proceedings for manufacturing spurious cosmetics, and noted his affiliation with another manufacturer whose products were under scrutiny.
Though the court found grounds to impose exemplary costs, it chose to issue a caution instead, warning the petitioner against using the judicial process for ulterior business motives.
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