“Ne bis in idem” against Patanjali for multiple FIRs

Ne bis in idem legal maxim means a legal action cannot be brought twice for the same act or offense. The Delhi Court yesterday dismissed a plea to seek registration of FIR against Swami Ramdev, Acharya Ramakrishna, Patanjali and others for false claim to cure COIVD19. 

The complainant Mr. Tushar Anand made an application under Section 156(3) of Criminal Procedure Code for the false claim to found cure for the virus COVID-19. The seek to register for commission of offences under: –

Sections 270/420/504/120B/34 IPC, 

Sections 33E read with 33I of Drugs and Cosmetics Act 1940 for the offence of misbranded drugs 

Section 7 of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. 

Pursuant to an order issued by the court, the Police filed a status report stating that no need to issue FIR in the case: –

It was stated that: –

– An FIR bearing no 144/2020 had already been registered under Section 420 IPC at Police station Jyoti Nagar, Jaipur, Rajasthan on the same cause of action and grounds.

– AYUSH Ministry had allowed the sale of ‘Coronil’ as an immunity booster and in case of any grievance, the Complainant should approach the Ministry.

– The press conference during which ‘Coronil’ was launched was held at Haridwar, Uttrakhand which is beyond the jurisdiction of Delhi Police

Hence, the application was accordingly dismissed was passed by Metropolitan Magistrate Sumeet Anand.