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TMI Blog1975 (11) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... u 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ignorant and the unwary "to resort to quacks who indulge in such advertisements for treatments which cause great harm". The appellant may not be a quack, so will be assume, but his "machines of science" designed to confer on man kind the blessings of 'New Life, New Vigour, New Spirit, New Wave" are most likely to trap the ignorant and the unwary. The articles of commerce which he has benefully advertised must, as far as possible and without doing violence to the language of the Act, be brought within the mischief of the Act. It does no violence either to common sense or to rules of interpretation to say that a machine is an "article". In the result, we confirm the judgment of the High Court, though ..... X X X X Extracts X X X X X X X X Extracts X X X X
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