1.                 the relevant extract of definition of Drug as contemplated in section 3 (b) (ii) of The Drugs and Cosmetics Act, 1940 is reproduced as under :-      

“ 3 (b) (ii)  such substance (other than food) intended to

effect the structure or any function of the human body or

intended to be used for the destruction of (vermin) or insects

which cause disease in human beings or animals, as may be

specified from time to time by the Central Government by

           notification in the Official Gazette.”

2.                 That since the drug is the substance other that food, and as such the indigenous nutrient energy therapy administered for the cure of the diseases by preventive measurement from the eatable food substance extracted from 1621 eatable vegetables nutrients and 16 type of mineral water, are neither drug, not the provisions of Drugs and cosmetics Act, 1940 are applicable on the aforesaid centre.

3.                 That the writ petition no. 33289 of 2002 The Association for protection of patients right Versus Chief Secretary of the State of U. P., Drugs Controller through its Director General, New Delhi as well as Lucknow, Ministry of Medical Science, New Delhi as the respondents. it has been highlighted by the patients in this writ petition filed on behalf of the association for protection of patients right that it is on the behest of the international multinational company indulged in the sell of the Drug and cosmetic through the import license from the Central Government that the raid was conducted at the Kolkata Center.  The indigenous nutrient therapy known as ’YOGPARASTHI’ is neither a drug nor the drug controller was having any authority to conduct the raid upon the functioning of the branch office of. Research Center. The provisions of Scheduled J incorporated under Rule 106 of drugs and cosmetics Rules, 1945 has been sought to be declare as ultra vires to the Constitution of India and in the alternative the prayer is sought that such provision are not attracted towards such Nutrient energy therapy which may be attracting the definition of drug u/s 3 (b) (ii) as it is the edible substance, which is the food article comprising the extract of he vegetable and are not sold in the market. The matter is still subjudice.  The Hon’ble Court after admitting the aforesaid writ petition has directed the issuance of the notice to all the concerned party who have been impleaded as the respondents in the aforesaid writ petition. Copy Annexed.

4.                 That the research conducted at. Research Centre is for the protection of our cultural heritage by preventive measurements and thereby saving the patients suffering from the alleged incurable disease from its side effect and as such the performance of research centre is for the achievement of such indigenous advancement of the scientific temperament amongst the citizen as to provide them the feeling of security from the alleged propaganda created on the behest of multi-national companies supporting the drugs and medicine on the trend of British India Company under whom the country remain in clutches of slavery for a considerable period.

5.                 That even the Doctors of the International reputation and Physician namely Sri Vasudev M. Patel settled at 3015, Sixteen street, Monaroe U.S.A. has reported the vital recovery from their ailment. Similarly one Doctor namely T.Jagannathan who completed M.B.B.S. in 1960 from Madras Medical college and F.R.C.S in 1968 from Canada and working from 1972 to 1998 as urologist has acknowledges that the administration of YOGPARASTHI does not have any side effect as the aforesaid Dr. has started taking the nutrient energy therapy acknowledged the positive result . Thus the centre of petitioner for its service to humanity.  Similarly one Prakash Chuganey s/o Mrs. Kavita Chuganey c/o Memorial Gift Shop, 2 Glouster Avenue, Montego Bey Jamica has reported that the nutrient energy therapy (medicine) of D.S. research centre has done wonders to cancer patients and sought for sending it for cure of her mother.

6.                 That similarly Dr. P.G. Rath M.D., D.M. (Cardiology) Vellore Senior consultant Director at Apolo Hospital, Hyderabad sought for providing the nutrient energy therapy of YOGPARASTHI to his wife Dr. Savita Panda and send the demand draft of Rs. 2350/- for aforesaid purposes.

7.                 That even the cancer surgeon of Jaslok Hospital and Research Centre namely Dr. Vijay V.Haribhakli M.S. has recommended the patient namely Sri Shivaji Gupta suffering from tongue cancer for administering YOGPARASTHI therapy.

8.                 That Dr. Sheela P.Naik M.D. D.G.O. of Dr. Desai Hospital at Mumbai wrote a letter regading the infection to her husband for advance metastatic prostate cancer from last three years. He was operated for removal of testies three years back and radiotherapy. There was involvement of lumphordes liver and thus the advise was sought from petitioner’s research centre for treatment and thereafter he was given nutrient energy therapy from the centre, the true copy of the letter dated 11.4.2002 of Sr. Sheela P.Naik of Dr. Desai Hospital is being filed herewith

9.                 That the lecturer of surgical archeology of Gujrat cancer Research Institute, Ahemdabad has submitted report of his perfect health and stated for completing the Kailash- Mansarowar Yatra successfully after administering the YOGPARASTHI for which a Bank Draft of Rs.2350/- was sent to the petitioner’s centre. The true copy of the letter of Dr. Shubha Sharma M.S. Surgery Lecturer in Gujrat Cancer Research Institute, Ahemdabad dated 19.7.2002 is being filed herewith

10.            That Sri Shamir Kr. Shah M.D.B.M. R.D. consultant Radiologist and Sonologist of Hon’ble Smt. B.C.J. General Hospital Santakruj submitted the report of his sister-in-law Miss. Neeta N. Shah and sought for the cure of disease of infleterating Duct Carcinoma .

11.            That  the letters written from Mahatma Gandhi Institute of Medical Science by the Dean of the institution stating therein that after reading the book that cancer is now curable the international conference of Ayurveda, Yoga and naturopathy sought to invite Prof. S.S. Trivedi of D.S. Research Centre.

12.            That there are number of patients recommended by the prominent doctors and respectable citizens indulged relative of the Hon’ble Judge and one such letter has been written by SR. S.K.Prasad, Joint Directore of General of Foreign Trade Ministry of Commerce has reported significant recovery of condition of patient suffering from cancer through C.T. Scan and thereafter the liver function and kidney function were reported successfully and sought for sending the YOGPARASTHI through courier.

13.            On 6-7 August 1987 the center Ayurved and shidh research center council new Delhi invited the Director of D. S. Research Center for conducting the research upon one girl namely Km. Poonam Sinha aged about 15 years suffering from acute leukemia (Blood Cancer) undergoing the treatment at All India Institute Of Medical Science.  This patient was lying on death-bed and waiting for the death.  It was directed to get her cure by the indigenous nutrients energy therapy and the formation there of known as ‘YOGPARASTHI’.  After 8 month of continuous administration of the nutrients energy therapy, the girl not only completely recovered from the alleged incurable ailment but she has also started playing and attending the school regularly.  The Director of All India Institute of Medical Science wrote the personal letter to D. S. Research Center for getting the nutrient energy therapy known as YOGPARASTHI and to get an copyright but in absence of not attracting the definition of as contemplated under the Drugs and Cosmetic Act 1914, the registration of the ‘YOGPARASTHI’ could not become possible.  It is in the year of 1989 that Km. Poonam was completely cured from the alleged incurable ailment of Blood Cancer known as Acute Leukemia and thereafter attending the higher education, she was married.  This was the case which has created the history in the research conducted through indigenous nutrient energy therapy for the cure of the Cancer.  The detail of the aforesaid achievements is displayed in the book ‘ Cancer is Curable now’ on page no. 72

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15.            That the plants-life is nature’s contribution to serve the mankind and to over come all sorts of health hazards.  Eminent indigenous scholars were having there infinite knowledge and great insight which they use for welfare of the society.  out of them Charak, Sushrut and Vagbhata were  few  of the great scholars which is true through available documentation.  The ancient science of treatment through preventive cure was dependent and the descriptions of which is quoted in Rigveda and Atharveda about 3500 B.C. while the Charak Samhita was written prior to 1000 B.C.  Thus the attention is paid to the root cause of the disease and not the symptoms alone; treat the patient, and not the symptom alone; treat the ailment permanently as a curative measure.  Thus holistic treatment is the right answer for the philosophy of the life and the treatment.  There is a natural integral cohesion of digestive nervous, circulatory and respiratory system for which the treatment is aimed at and therefore it must tackle all such symptoms and as such the Nutrient Energy Therapy is only the right answer to the dreaded incurable disease like-Cancer with the positive result of success.

16.            That Since certain plants, creepers, herbs resemble different part of human body, in shape, shade and texture and as such it is believed to be the useful and guiding factor to treat by them particularly over the resembling part of the body infested with the disease.  In case of any health derangement the doctrine of signature which comprises of intelligently grouped ingredients and  the whole some use of the extract of the plants and herbs for rendering treatment gives no adverse effects to the body of the individual suffering from the ailment.

17.            That the plant and its produce like- Badam (almond) which resemblance the eye is useful for the eyesight.  Yellow Saffron is useful in the treatment of Jaundice.  Sandal-wood and its oil and Red Rose petals are useful in blood disease and Anemia.  Milk and milk like substance are regarded as promotives and protoplasmic cell-fluids.  Thus the resistance power of the body is used to combat the disease, which is free from toxicity, and the patient is not subjected to another ailment as the result of the treatment from the allopathic medicine.  This is the out standing wisdom gathered from indigenous Nutrient Energy Therapy since centuries and from generation to generations.

18.            That there has been several chapters towards the philosophy of life suggesting the theories of Astro-medical, Magneto or Electro-waves treatment through wearing oriental metallic ornaments studded with Gems as there reflective effect casts a positive result on our system of health.  Each Gem is prescribed and attributed to a planet and its influence has an everlasting effects upon the science of humanity.  Metals and minerals in oxidized forms combined with herbal extracts through the methods of trituration, ionization, potentiazation or atomization processes through mantra (Taveez) Yantra, and Tantra since ages were prevalent from ancient  times even to this day.  We cannot blame the text on these subjects but we can only blame the practitioners of these theories who are unable to gives desired benefit  of this theory due to certain lapses on their part.  Thus the system of alternative medicine has got the wider implication and affect upon the science of human body.

19.            That it is interesting to note that each of the five finger of human hand is  associated to the different organic system of our body.  This  theory is connected with astro -palmistry science linked  with the planets.  The thumb with vitality and general debility, index finger with respiratory system and stomach, the middle finger with  liver and intestine, the ring finger with kidney and circulatory system and the last the little finger denotes the states  of the feet’s, the sexual glands; habits, conduct and character etc.  it is in practice and scientifically well acknowledged that through palm reading and horoscope study there is solution to treat  in health and providing to for suitable treatment  as possible supported by clinical study.  The system of accrue-pressure is dependent upon these researches which is indigenous and based on ancient science.

20.            That the divine gift to the human race covers all other animals world bird world. 

It has been discovered from the very stage of the life being conceived inside the womb of the female that the human body passes  through al the several stages of 84 lakhs species and thereby it resembles to a particulars non-vertebrates class of the category to the Vertebrates known as Pisces, Amphibian, Reptile, Bird and there after the Mammals.  Thus it has been rightly said that the human body is blessed after  passing through the different 84 lakhs of the species.  The aforesaid clearly indicates that whenever there is some defect in the system of the body it affects, the very origin of the stage which has undergone in the process prior to the birth.  Thus the extracts of the plants and vegetables edible by all vertebrates (tetrapods) are the preventive cure of the dreaded diseases.  The Hindu mythology has explains this science through quotes and words.  Even an ordinary Pujari in the temple gives Tulsi Teerth of the God as Charanamrit  with the blessing from his side by reading as “A MIRTYU HARANAM SEVA VYADHI NIVARANAM MRITYUNJAYA PADODAKAM PAVANAM SUBHAM”  and further adds “AYURAROGYABHI VRIDDHI-RASTU”. Hindu Mythology prescribes, Sankh, Saligram, Yagyopaveetham, Recitation of Puranas, wearing of Gems and Ornamentals and particularly VRIKSHA POOJA (prayers to plants) in the up keepment of Good Mental and Bodily Health.  We strongly do have faith in this.                               

21.            That the maintenance of EQUILIBRIUM  of VAAT, PITTA, &  KAPHA, and failures in these 3-DOSHAS, are the root cause of HEALTH failure, according to AYURVED.   Whereas, the alternative NET preaches that Mind is responsible for good and bad of HEALTH.  Also, if internal Stamina OR Energy is lost, deterioration of Good Health starts.  Naturopathy tells that we should have Balance of Nutrition.  It is also said that superfluous diet, sleep, a waking, too much of labour, become the root cause for the debilitation.  All these are Branches of the same Science.  NAVRAS, PANCH TATVAS, PLANCETS, STARS, SEASONS, GEMS, MINERALS & METALS, have their own effect on the Human SYSTEM.

22.            That the  Puranas speak that everything in this UNIVERSE has come out from the Body of the GOD the Creator.  We need not go into details in this, for the present  Birth and Death are the two ends of a Materials.  In a circle, if it starts from Birth, it ends with Death.  Earth gets stimulates by the effect of SURYA, whereas by the effects of MOON, it gets peaceful and cools down.  RAHU shadows EARTH, and KETU shadows MOON. The Drastic exposure from both RAHU & KETU, brings-in the DEATH of a HUMAN.  Therefore, PANDITS, say that HUMANS need the sympathy from RAHU & KETU, through out their life, to ward-off unfavourable circumstances.

23.            That when the moon is in the first half of the month, the skin infection and mental derailment cases get aggravated.  It has been proved that the effect of the moon are cast on the menstrual cycle of women.  It is also the known fact  that Guru has special effect on the human and brightens the prospects.  Nine planets and twelve Rashi’s have there individual effects on the human system.  The star focus also effects on the human body which good health and bad health by  gradual process.  There is the effect on the skin eruptions when the effects of the SURYA and KUJA in aggravating PITHA and when SHANI, RAHU and KETU aggravated VAAT such person suffers usually obesity, rheumatism, arthritis.  If the Rashi’s is also unfavourable the person suffers too much loss in the organs.  According to some scholars while ciphering of  this subject, certain guidance is provided regarding the effect of the Rashi’s.  MESH is having it’s effect on head, face and brain system.  VRISHABH has its effect on neck and throat, MITHUN on solder, hands muscle, blood and flesh, KARKATKA on chest and stomach; SIMHA on backbone, backside, waist and heart, KANYA on liver, TULA on skin, VRISCHAKI on sexual organs. DHANU on pulse and nervous system, MAKAR on knees and elbow, KUMBHA on feet and digestive system, MEEN underfeet.