CHENNAI: The Tamil Nadu government on Monday informed the Madras high court that it did not have powers to pull down websites engaged in online sale of medicines in the absence of any act or regulation prohibiting such sale."Moreover, the Drugs and Cosmetics Act and Rules which governs the trade is a central act... the state has no role in amending it. This apart, the Centre has published the draft rule to regulate sale of drugs through e-pharmacy on August 28 seeking suggestions and objections from all stakeholders. It is under consideration of the central government," the additional advocate general said.The state made the submissions on the plea moved by Tamil Nadu Chemists and Druggists Association against such sale.When the plea came up for hearing before Justice Puspha Sathyanarayana, the state contended that the relief sought by the petitioner to block such websites could not be provided by the state as such powers are not provided under the act."Therefore, unless there are rules governing such sale, online sale of medicines cannot be regulated. What cannot be regulated cannot be permitted. The Act recognises and permits only certain manner of sale particularly retail. Thus, the relief sought for is not maintainable at present," the state said.To this the online traders requested the court to issue a clarification on the interim order that aggregators who are just providing platform for licenced pharmacies are not prohibited from doing so.However, refusing to issue any clarification, the judge pointed out to the interim order and said the order was very clear that only unlicensed traders were prohibited. Moreover, aggregators are just doing a courier service which cannot be construed as a sale, she added.The judge observed that convenience of buying medicines online and the risks have to be weighed against each other.To this the petitioner submitted that online sale of medicines was banned in several countries to which the judge retorted that the same may not be applicable in India where people go and get medicines across the counter at local pharmacies without prescriptions. The court then directed the central government to file its response and adjourned the plea to December 5 for further hearing.

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