Broad definition of "drug" captures curative machines advertised for disease treatment under objectionable advertisement law.

A machine advertised as capable of curing disease can fall within the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 where the advertisement presents it as a curative treatment for scheduled ailments. The Act extends beyond medicines to include any article intended to affect or influence an organic function of the human body, and a machine is an article for this purpose. Because the advertisement claimed curative use of the machines for nervous ailments, the publication was treated as an objectionable advertisement covered by the statute, and liability was sustained.

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Issues: Whether a machine advertised as capable of curing diseases can be treated as an "article" or "drug" within the meaning of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, so as to attract liability for an objectionable advertisement.

Analysis: The Act prohibits publication of advertisements referring to a drug in terms calculated to lead to its use for the cure or treatment of scheduled diseases, and penalises contravention. The definition of "drug" is broad and includes not only medicines and substances used in diagnosis, cure, mitigation, treatment or prevention of disease, but also any article, other than food, intended to affect or influence any organic function of the human body. The advertised "machines of science" and "electric treatment" were held to be tangible articles, and a machine is plainly an article. Since the advertisement claimed curative use of these machines for nervous ailments, they fell within the statutory definition.

Conclusion: The advertisement was covered by the Act, and the conviction was sustainable; the appeal failed.

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