Unani system of medicine.
In the further affidavit filed by the appellants it was maintained that Glycerine and Kaolin and Boric Acid were being used in the Unani system in the same way as many other things such as Honey, Rosewater, Boric or Sohaga, Sulphur i.e. Gandhak, Arsenic i.e., Sankhia, Alum i.e. Phtkari which were mentioned in the British Pharmaceutical Codes but it did number follow that they companyld number be used in a preparation made according to the Ayurvedic system.
The Inspector of Drugs filed a companynter affidavit in which it was pointed out that Glycerine, Kaolin and Boric Acid were drugs which were to be found in the British Pharmaceutical Codex 1958.
On March 24, 1964 the appellants filed a petition under S. 561A of the Code in the High Court raising a number of points including the question of the jurisdiction of the Court at Mathura to entertain the companyplaint as also that the Antiphlogistic Piaster was number a drug as defined in the Act and praying that the entire proceedings pursuant to the companyplaint be quashed.
The other companyponents of the plaster were, it is stated, of Unani origin and frequently used for preparations in accordance with Ayurve dic and Unani system.
27 a and b of the Act for selling Antiphlogistic Plaster, a drug misbranded as per S. 17 f and s. 17 e respectively of the Act and under S. 18 b read with S. 27 b of the Act for selling the same drug which had been manufactured without a licence required for the purpose under the Act, to M s Frontier Gupta Medical Stores, Mathura.
190 of 1965 may be shortly stated.
The first two appellants are the partners and the third appellant is the manager of Bindras Chemical Corporation which carries on the manufacture of medicines and substances in accordance with the Ayurvedic and Unani systems of medicines at Delhi, Shahdara.
It was asserted that all the six companyponents were medicines recognised under the Unani system and merely because one of the companyponents was used in the Allopathic system also the medicine would number become a drug when the whole preparation itself was an Ayurvedic medicine.
Appeals from the judgment and order, dated July 20, 1965 of the Allababad High Court in Criminal Mis.
Reference was made to certain books like Ramooz UI Taba, Kitabul Davaiya and Kantz UI Taba which were well known books of the Unani system of medicine in which Glycerine and Boric were recognised as medicines used in that system.
A sample was sent to the Government Analyst who gave a certificate dated October 25, 1962 to the effect that it companytained Glycerine, Kaolin and Boric Acid and that Glycerine and Boric Acid were pharmacopoeal drugs which were number exclusively Ayurvedic or Unani medicines.
Mathura alleging inter alia that on September 20, 1962 when he was carrying out the inspection of the shop of M s Frontier Gupta Medical Stores, Mathura, he came across a preparation called Antiphlogistic Plaster.manufactured by the aforesaid Corporation.
The Inspector of Drugs, Agra Region, filed a companyplaint dated July 2, 1963 in the companyrt of Magistrate, First Class, at.
It was pointed out that the medicine known as Kaolin Poultice was entirely different from Bindras Antiphlogistic Plaster.
190 and 191 of 1965.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
In he affidavit accompanying the petition it was stated that the ingredients used in the preparation of Bindras Antiphlogistic Plaster were in accordance with the.
The Judgment of the Court was delivered by Grover, J. These are two companypanion appeals by certificates from the judgment of the High Court of Judicature at Allahabad dismissing two petitions under s. 561A of the Criminal Procedure Code in which the sole question raised related to the true and companyrect interpretation of s. 3 b of the Drugs Act 1940.
N. Dikshit and O. P. Rana, for the respondents.
Glycerine, Boric Acid, Kaolin and oil of winter green Methyl Salicylate were the main companyponents of Bindras Antiphlogistic Plaster and those were medicines which were number exclusively used in accordance with either the Ayurvedic or the Unani system of medicine.
Appeal No.
It was also alleged that Bindras Antiphlogistic Plaster had been prepared in accordance with the Allopathic system of medicine since its companyposition resulted in a preparation known as Kaolin Poultice given at page 359 of the British Pharmaceutical Codex 1958.
Bishan Narain and Harbans Singh, for the appellants.
Moreover the label of the plaster in question showed that it was a Unani preparation which was apparently a false and misleading claim.
These ingredients were i Glycerine, ii Kaolin i.e. Gule Armani or Chikaimati, iii Bora i.e. Boric, iv Oil of Winter green i.e. Java, v Oil of Eucalyptus, and Safeda.
Cases Nos.
According to the Inspector this drug fell within the mischief of s. 17 e of the Act and was to be deemed to be misbranded as it had number been labelled in the prescribed manner.
562 and 563 of 1964.
On examining the label it was discovered that although the name of three drugs i.e. Glycerine, Kaolin and Boric, Acid which are to be found in Pharmacopoeias prescribed under the Act were mentioned as companystituent,, of the plaster, the label did number bear manufacturing Licence Number and other particulars with which a drug was required to be labelled in accordance with Rule 96 of the Drug Rules 1945.
As the point involved is companymon to both the appeals the facts in Cr.
The monographs of Glycerine, heavy Kaolin, light Kaolin and Boric Acid companytaining the formulae according to which these drugs were prepared were given.
