TMI Blog1969 (4) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... f M/s. Hill Side Products' D. D. T. compound, but he denied that the substance which he was manufacturing or selling was intended to be used for the destruction of vermin or insects which cause disease in human beings or animals as mentioned in a notification of the Government of India under Section 3(b)(ii), He relied on a label which was used on his product which he produced. On one side of the label there is a picture of a theatre and it is written: Theatre Brand D. D. T. Co. Technical DDT cum Malathion Superior Quality Hill-side Products, Bombay. On another side of the label it is written: Not for medical use. Theatre Brand D. D. T. is to be used with a sprayer for the control of horticultural and household pests othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment, the conviction and sentence passed against the appellant must be confirmed although not for the reasons stated by the Magistrate. The Learned Magistrate was not right in relying on the report of the Public Analyst which did not mention the protocol test. Nevertheless, as the accused himself has admitted that the substance which he sold contained D.D.T. and it was sold as 'D.D.T. compound,' it will be against common sense to bold that it was not a drug. It is a well-established canon of construction that in dealing with matters relating to the general public, statutes are presumed to use words in their popular sense; utiloquitur valgus. The Drugs and Cosmetics Act is dealing with matters relating to the general public. Its o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whether an article is a drug or not, and the answer will depend upon whether or not the substance was sold for use as medicine. An article is not necessarily a drug because it is included in the British Pharmacopoeia and may be used in the preparation of medicines, nor is an article a drug merely because it is sold under a designation which implies that it contains a drug in its composition, when in fact it does not. In the present case, the accused himself has admitted that the substance which he sold as D. D. T. compound contained D. D. T. which is a well-known drug in the 20th century. The Oxford English Dictionary has described drug as 'an original, simple medicinal substance, organic or inorganic, whether used by itself in its ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
