1975 (11) TMI 175

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.... New Spirit, New Wave. If you 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 Rs. 100/-. The order of conviction and sentence having been confirmed by the High Court of Ca....

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....       (b)  "drug" includes- (i) a medicine for the internal or external use of human beings or animals; (ii) any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals; (iii) any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals; (iv) any article intended for use as 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) abov....