TaxTMI 
TaxTMI 
2011 (3) TMI 760
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.... required a license for its stocking, exhibiting and sale, the Drug Inspector filed complaints against accused 1 to 3. It is alleged in the complaints that the first petitioner/third accused manufactured and sold Dettol to petitioners 2 and 3/accused 1 and 2 (hereinafter referred as accused) who had no license to deal with the same and accused 1 and 2 stocked and exhibited for sale the said product without license under the Act. It is alleged that the accused violated the prohibition contained in Sec. 18(c) of the Act and thereby committed offence punishable under Sec. 27(b)(ii) of the said Act. Learned Judicial First Class Magistrate-I, Kozhikode took cognizance of the said offence, filed C.C. No. 491 of 2009 and 717 of 2009 and issued process to the accused. The complaints, orders taking cognizance and proceedings in the said cases are challenged by the accused in these proceedings under Sec. 482 of the Code of Criminal Procedure (for short, "the Code"). Learned counsel for accused 1 to 3 contended that Dettol being a 'Disinfectant' does not require a license under the Act since it came within the exempted category under item No. 12 of Schedule K of the Drugs and Cosmetics Rules,....
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.... or class of drugs not being of standard quality". 4. Sec. 3(b) of the Act defines 'drug' as under : (i) ....................................................... (ii) such substance (other than food) intended to affect 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 are also includes in the definition of "drug". As per the said definition, any substance intended to be used for the destruction of vermin or insects which cause disease in human being or animals as may be specified from time to time by the Central Government by notification in the Official Gazette is also brought within the definition of 'drug'. A 'Disinfectant' is therefore, a 'deemed drug' as Sec. 3(b)(ii) of the Act would say and should normally come within the prohibition contained in Sec. 18 of the Act. 5. Now the question is whether 'Dettol' is a 'Disinfectant' and hence exempted from Sec. 18 of the Act as contended by the accused. Part XI of the Rules deals with exemptions. ....
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....bsp; Pre-operative Preparation of Patient's Skin ii. Antisepsis in Obstetrics and Midwifery iii. Cuts and Wounds (Also bites, scratches and insect stings) iv. Instrument Sterilisation v. General Disinfection : Wards and Theatre, Hands, Face, Masks, Soiled Hospital Linen, etc. vi. Bathing and Irrigation of Abscesses and Boils vii. Epidemics viii. Dandruff ix Gargle x Bath It is cautioned that the product is meant "for external use only". The active ingredients of Dettol are : i. Chloroxylenol I.P. 4.8% w/v ii. Terpineol B.P. 9.0% v/v iii. Alcohol Absolute (Denatured) 13.1% v/v It Contains Caramel I.P. as colour. 8. In "Infection Control" relied on by the accused, use of Disinfectant and Antiseptic is given as below :- "Disinfectant used on inanimate objects to kill or prevent the growth of micro-organisms". "Antiseptic-....
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....destroying". In Dorland's Pocket Medical Dictionary the word "Antiseptic" is defined as : "i. Preventing sepsis, ii. a substance that inhibits the growth and development of microorganisms but does not necessarily kill them." "Disinfectant" is defined thus : "i. Freeing from infection, ii. An agen that disinfects, particularly one used on inanimate objects". In Mosby's Medical Dictionary, the word "Antiseptic" is defined as, "i. tending to inhibit the growth and reproduction of microorganisms, ii. a substance that tends to inhibit the growth and reproduction of microorganisms." The word "Disinfectant" is defined as, "a chemical that can be applied to objects to destroy micro organisms". "Disinfection" is defined as "the process of killing pathogenic organisms or of rendering them inert" The above descriptions persuades me to hold that the function of a 'Disinfectant' which is a chemical or mixture of chemicals of appropriate percentage is destruction or making inert micro org....