“Mr Kirtiman Singh states that consultation and deliberation are still going on qua the raft notification dated August 28, 2018, which relates to the online sale of drugs. This Court is of the view that as more than five years have lapsed, the Union of India has had sufficient time to frame the said policy.'

''However, one last opportunity is granted to frame the policy in eight weeks. In the event the policy with respect to online sale of drugs is not framed, the concerned Joint Secretary dealing with the subject shall be personally present in the court on the next date of hearing,” the Court's order said.

The Court passed the order while dealing with a batch of petitions seeking a ban on the illegal sale of drugs online.

The petitions additionally contested the draft regulations released by the Union Ministry of Health and Family Welfare aimed at further modifying the Drugs and Cosmetics Rules.

Back in December 2018, the High Court issued an order halting the online sale of drugs, citing the lack of authorization under the Drugs and Cosmetics Act of 1940 and the Pharmacy Act of 1948. A comparable matter had surfaced before the Madras High Court in the same year, echoing similar concerns.

The Delhi High Court is currently handling a contempt petition that requests action against e-pharmacies for persisting in the online sale of drugs. 

In defense, the e-pharmacies have asserted to the Court that they operate under the premise that no license is necessary for the online sale of drugs and prescription medications. They liken their services to food delivery apps like Swiggy, suggesting they're merely facilitating the delivery of medications, akin to food deliveries.