Chennai, November 20: Responding to a petition seeking ban on online sale of medicines in Tamil Nadu, the state government on Monday informed the Madras High Court that it has no authority to ban or regulate e-pharmacy. Without being authorised to regulate, the state cannot be petitioned for a ban on e-pharmacy, the additional advocate general (AAG) said.

The law which regulates the sale of medicine in India - Drugs and Cosmetics Act and Rules - comes under the jurisdiction of the Centre, the AAG pointed out before the bench headed by Justice Pushpa Sathyanarayana. China to Cut Tariffs on Indian Medicines, Cancer Drugs.

The state's counsel also informed the bench that the central government has issued the draft rule to regulate sale of drugs through e-pharmacy and sought suggestions from all stakeholders. "It is under consideration of the central government," he said.

The petition banning online sale of medicines was moved by the Tamil Nadu Chemists and Druggists Association, who have alleged threat to patients' well-being apart from unprecedented losses to be incurred by them.

On their argument that medicine could be sold online without prescription, the judge rebuked asking whether all medical stores in the state sell medicines only on the basis of prescription.

The counsel representing online traders had sought an interim clarification from the court, for the internet-based aggregators who are providing platform for licensed pharmacies.

The judge, while deferring the case till December 5, refused to issue an interim clarification. She said that all licensed traders would be allowed to sell medicines via e-pharmacy, whereas, the unlicensed traders will be prohibited to do so.

(The above story first appeared on LatestLY on Nov 20, 2018 01:19 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).