1975 (11) TMI 175

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.... want a cure, see today well known world-famous experienced registered Physician. Special diseases such as oldness in youth, all sorts of defects in nerves, or weakness laziness are treated with full responsibility, with new methods, new machines of science and electric treatment and are cured permanently.. " In behalf of this advertisement, the appellant was prosecuted under section 7 read with section 3 of the Drugs and Magic Remedies (objectionable Advertisements Act 21 of 1954. The learned Presidency Magistrate, 8th Court, Calcutta convicted the appellant of the aforesaid charge and sentenced him to pay a fine of ₹ 100/-. The order of conviction and sentence having been confirmed by the High Court of Calcutta, the appellant ....

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....s a component of any medicine, substance or article, referred to in sub-clauses (i), (ii) and (iii)." The learned Magistrate as well as the High Court have taken the view that the advertisement in question; refers to a drug as defined by section 2(b) (ii) above as "machines of science" are a "substance" intended to be used in the diagnosis, cure or treatment of diseases in human beings. We do not propose to examine the correctness of this view because it seems to us clear that, in any event, the impugn ed part of the advertisement refers to a drug as defined by section 2(b)(iii). Any article, other than food, which is intended to affect or influence in any way any organic function of the body of a human being is a....