Bombay HC relaxes bail condition of ill-repute doctor Munir Khan
Doctor of ill repute Munir Khan will be back in business soon with his ‘panacea’. Bombay High Court on Tuesday relaxed the bail condition forbidding him from selling Body Revival, which had been banned in his home state Rajasthan. Versova police had also confiscated the entire stock of the medicine from his clinics in Mumbai after complaints from disgruntled patients that the product was spurious. The court, however, warned that its decision should not be interpreted as blanket permission to sell the ‘cure-all’, as the medicine was still subject to other laws. Khan was represented by lawyers Aabad Ponda and Niranjan Mundargi.
Previously too, Khan had challenged the 2010 order of an Additional Sessions Judge banning him from selling his concoction. But he’d withdrawn his application as the manufacturing licence of Body Revival still stood cancelled by authorities in Rajasthan. On April 9, 2013, the powers that be finally permitted its manufacture and sale, after Khan agreed not to ‘exaggerate its benefits’.
In his petition, Khan claims to be the proprietor of two state-of-the-art manufacturing units in Kota (Rajasthan) and Baddi (Himachal Pradesh) to manufacture his drug. Tests by the Department of Pharmacology, institute of PG Medical Education and Research in Kolkata have concluded Body Revival is a purely herbal product, free of any toxic ingredients. A clinical trial on 100 persons showed the medicine was harmless. Despite this, the Sessions Court had rejected his plea. Khan then approached the High Court, contending that his Right to Livelihood was being intruded.
While relaxing the condition not permitting the sale of Body Revival, Justice RC Chavan of Bombay High Court noted, “It, however, should not be interpreted as a permission granted by this court to sell that product, and the sale would be subject to all the rules and regulations in force in the State of Maharashtra as well as in other states.”
“The court has allowed Khan to vend his creation, subject to other laws. However, he will not be able to make tall claims about the drug when selling it,” Mundargi told MiD DAY.
A senior FDA official, who did not wish to be named, said, “Since the product is Ayurvedic, it is subject to testing under the Drugs and Cosmetics Act, 1940. If a person acquires all clearances under the law, he can sell the drug again.”
Munir Khan is the proprietor of Health Reactive, making and selling Unani and Ayurvedic medicines. His chief claim to fame was the development of the ‘miracle drug’ Body Revival. Several celebrities including Tabassum, Naresh Suri, Prity Sapru and Ruby Bhatia had endorsed and advertised it as a cure for all diseases, including cancer, deafness, dumbness, blindness, heart blockages, cancer, and brain tumours.
In January 2008, FDA had raided Khan’s premises, though at the time no action was taken. A year later, another raid was conducted, followed by more inaction. In October 2009, senior officers realised cops from the Versova police station were hand in glove with Khan. Following a criminal investigation by police, he was arrested and charged under sections 467, 468, 471, 420, 406, 108, 34 of IPC, and various sections of The Drugs and Magic Remedies (Objectionable Advertisements) Act.