Indian Kanoon - Search engine for Indian Law

6. 1st accused company has a website in the internet "http/w.w.w.trcikea.com/nutritional supplements". The drug Cartilamine Forte and Cartilamine SR are indicated for osteoarthritis. It is a disease of the joints manifested by swelling, stiffness and pain. As per another website of the company, it is advised to take Cartilamine 500 mg three times daily for three months and Cartilamine Forte one or two tablets three  Crl.M.C. Nos.3957, 3958, 3959, times a day as the adult doses for arthritis. It is contended that no dose is prescribed for nutritional products (dietary supplements). It is evident that Glucosamine Sulphate is used for treatment of osteoarthritis, a disease, and hence it is a drug. The said drug was manufactured by the accused 1 and 2 and sold the same without a drug licence to the accused 3 and 4. Thus, by manufacturing and distributing the drugs, viz., Cartilamine, Cartilamine Forte and Cartilamine SR without drug manufacturing licence, the accused 1 and 2 and by distributing these drugs to retailers, the accused 3 and 4 have committed the offence under Sections 18(c) of the Act punishable under Section 27(b)(ii) of the Act. With almost similar allegations in the other complaints, the respective complainants have sought for prosecution of the accused persons.