Popular meaning of "drug" under the Drugs and Cosmetics Act can cover D.D.T. compound despite a non-medical label.

A welfare interpretation of the Drugs and Cosmetics Act requires the term "drug" to be understood in its popular sense, having regard to the statute's object of regulating manufacture, distribution and sale. On that approach, a substance admitted to contain D.D.T. and sold as D.D.T. compound was treated as a drug, even though it was labelled "not for medical use" and intended for pest control rather than medicine. The Public Analyst's report was found unreliable for lacking the protocol test, but the accused's admission and the common understanding of the product were sufficient to sustain the conviction and sentence under Section 18(c) read with Section 27.

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Issues: Whether D.D.T. compound manufactured, stocked and sold without a licence was a "drug" within the meaning of the Drugs and Cosmetics Act, 1940, so as to sustain conviction under Section 18(c) read with Section 27.

Analysis: The definition of "drug" under Section 3(b) of the Act was construed in its popular sense, having regard to the object of the legislation to regulate the import, manufacture, distribution and sale of drugs and cosmetics. Although the Public Analyst's report was held not to be reliable because it did not mention the protocol test, the accused admitted that the product sold as D.D.T. compound contained D.D.T. The Court held that a substance sold as D.D.T. compound could not, in common understanding, escape the character of a drug merely because it was labelled "not for medical use" or was intended for control of pests rather than for medicine.

Conclusion: The D.D.T. compound was a drug within the meaning of the Act, and the conviction and sentence under Section 18(c) read with Section 27 were upheld.

Ratio Decidendi: In construing a welfare statute regulating drugs, the term "drug" is to be understood in its popular sense, and a substance admitted to contain D.D.T. and sold as D.D.T. compound may constitute a drug notwithstanding a label disclaiming medical use.

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