1975 (11) TMI 175

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..... umar Basu for the Respondent CHANDRACHUD, J. The appellant, who is a homeopathic practitioner, runs a dispensary at Harrison Road, Calcutta. In the issue of a Hindi newspaper, Sanmarg , dated September 14, 1967 he had the following advertisement published: New Life, New Vigour, New Spirit, New Wave. If you want a cure, see today well known world-famous experienced registered Physici .....

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..... n so far as relevant, that no person shall take part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for the maintenance or improvement of the capacity of human beings for sexual pleasure or the diagnosis, cure or treatment E. Of any disease or condition specified in the Schedule to the Act. Item 14 of the Sch .....

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..... ease 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 t .....

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..... uman body. Indeed, the very claim of the appellant is that by the use of these machines he could cure nervous diseases amongst other ailments. That a machine is an article requires no great learning either to expound or to understand. A machine is a tangible thing which can both be seen and felt and as such it answers the description of an 'article' within the meaning of section 2(b) (ii .....

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..... o 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 withou .....

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