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Allahabad High Court · body

1964 DIGILAW 183 (ALL)

C. L. Saini v. State of U. P.

1964-05-20

D.S.MATHUR

body1964
ORDER D.S. Mathur, J. - Homoeopathic medicines including injections are exempt from the provisions of the Drugs Act if the words `homoeopathic medicine'are written on the label. Consequently, on homoeopathic injections the manufacturer should have written the words `homoeopathic medicine' and below these words injections and also other details. Instead, w-hat the applicant, Dr. C.L. Saini, did was to write the words `homoeopathic injections.' 2. There is thus breach of the provisions of the Drugs Rules; but the breach is of a technical nature. The Court summoned the sample of the homoeopathic injections taken by the Drugs Inspector from the shop of the applicant and on perusal thereof it is apparent that there was no criminal intention on the part of the applicant. The words `homoeopathic injections' are printed on the label in thick and bold capital letters with the same thickness and height. Any one purchasing the packet would have known at a glance that it contained homoeopathic injections and not injections meant for allopathic treatment. 3. The question naturally arises whether for a technical breach of the provisions of the Drugs Rules the trial should proceed or this Court may quash the proceedings. 4. In Abdul Rashid v. Harish Chandra, A.I.R. 1929 Alld. 940; Emperor v. Bhopal Singh, AIR 1936 Allahabad 392 and In re Ethirajan, A.I.R. 1955 Madras 264 complaint with regard to a petty matter was dismissed or the conviction of the accused set aside. Similar rule can be applied to the instant case for the simple reason that the offence committed is of a technical nature and even if the trial proceeds and the applicant is convicted of the offence, he shall deserve being released after admonition. 5. The application under section 561-A Cr. P.C., is hereby allowed I and the criminal proceeding against the applicant, Dr. C.L. Saini, is quashed.