TMI Blog2011 (3) TMI 760X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Petitioner. None, for the Respondent. [Order]. Is exhibiting, stocking, selling or distributing Dettol , a product of M/s. Reckitt Benckiser (India) Ltd, the first petitioner herein without a license issued under the Drugs and Cosmetics Act, 1940 (for short, the Act ) punishable under Sec. 27(b)(ii) of the said Act?. The answer depends on whether Dettol is a Disinfectant as contended by petitioners. 2. Short facts necessary for a decision of the question are : Second respondent, the Drug Inspector, Kozhikode searched premises of the second petitioner/first accused, a partnership firm on 18-8-2006 and found Dettol stocked and exhibited for sale in large quantity. The third petitioner/second accused who is the Managing Partner of the said firm could not produce any license issued under the Act for stocking, exhibiting and sale of Dettol. On the premise that Dettol 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 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by any other person on this behalf - (a) (b) (c) manufacture for sale (or for distribution) or sell, or stock or exhibit (or offer) for sale, or distribute any drug (or cosmetic) except under an in accordance with the conditions of, a license issued for such purpose under this Chapter : Provided that nothing in this section shall apply to the manufacture, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis : Provided further that the (Central Government) may, after consultation with the Board, by notification in the Official Gazette permit subject to any conditions specified in the notification, the manufacture for sale (or for distribution, sale, stocking or exhibiting or offering for) sale or distribution of any drug 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 ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it includes what is included in the previous term. That word imports enumeration of what is comprised in the preceding clause. It ordinarily serves the purpose of equating what follows with the clause described before (See State of Bombay v. Bombay Education Society Ors. (AIR 1954 SC 561 at 565). If Dettols is a Disinfectant , it falls in item 12 of Schedule K in which case by virtue of Rule 123 of the Rules, Dettol should be held to be exempted from Sec. 18 of the Act which comes under Chapter IV of the said Act. 7. Learned counsel for the accused has given me a copy of label of the product in question - Dettol where it is stated that it is an Antiseptic germicidal and the following are its use mentioned. i. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich is festering. The index of the presence of such bacteria is the train of symptoms known as inflammation. Adj, Septic . Antiseptic therefore must be something which prevents sepsis. The word Infectious is defined as, capable of being transmitted from one person to another . The word Antiseptic is defined as, germ-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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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