TMI Blog1962 (9) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... sonment for three months was more lenient than severe. There is no case for interference with the sentences. - Criminal Appeal No. 107 of 1961 - - - Dated:- 26-9-1962 - Subbarao, K.,Imam, Syed Jaffer, Ayyangar, N. Rajagopala And Mudholkar, J. R.,JJ. Rajni Patel, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellant. H.R. Khanna, R. H. Dhebar and R. N. Sachthey, for the respondents. JUDGMENT This appeal by special leave against the judgment of the High Court of judicature at Bombay raises the question of construction of s.3(b) of the Drugs Act, 1940, as amended by the Drugs (Amendment) Act, 1955, hereinafter called the Act. This appeal has been argued on the basis of facts found by the High Court. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ths and to pay a fine of Rs. 500/- under each count. Hence the appeal. Though an attempt was made to argue that the said articles had not been proved to be below the prescribed standard, it was subsequently given up The only question that was argued is whether the said articles are drugs within the meaning of s. 3(b) of the Act. The said section reads ""drug" includes. (i)all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the treatment mitigation or prevention of disease in human beings or animals other than medicines and substances exclusively used or prepared for use in accordance with the Ayurvedic or Unani systems of medicine, and (ii)such substances (other than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of gauze-one of the articles concerned in this appeal-it has to conform to a standard of absorbency in order that it might serve its purpose: otherwise the fluid which oozes is left to accumulate at the site of the wound or sore. The Legislature designedly extended the definition of " drug" so as to take in substances which are necessary aids for treating surgical or other cases. The main object of the Act is to prevent substandard in drugs, presumably for maintaining high standards of medical treatment. That would certainly be defeated if the necessary concomitants of medical or surgical treatment were allowed to be diluted: the very same evil which the Act intends to eradicate would continue to subsist. Learned counsel submitted that su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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