ALETTA GRACE BELL MS Vs. S TIRKEY MS

JUDGEMENT

(1.) This is an appeal against the judgment and order of a Division Bench of the Patna High Court passed in Civil Writ Jurisdiction Case No. 3326 of 1979, on 17-7-1980 (reported in AIR 1981 Patna 17).

(2.) The appellant - Dr. (Miss) Alette Grace Bell, as Medical Superintendent-cum-Administrative Officer of the Duncan Hospital at Raxaul in the State of Bihar, was served with a letter from the Drug Controller, Bihar to the effect that the hospital being in the manufacture and distribution of drug referred to as I. V. Solution, was required to take a licence under the provisions of the Drugs and Cosmetics Act, 1940 for the default of which it had to suffer prosecution. Challenging the same before the Patna High Court, the appellant contended that since its product was a preparation by compounding of glucose or sodium with distilled water and administered to patients in the hospital, this solution was manufactured not for sale but for distribution, and the act of manufacture for distribution required no licence. The High Court on examining the various provisions of the Act, came to hold that the appellant's hospital was required to obtain licence under Clause (c) of Section 18 of the Drugs and Cosmetics Act, 1940. This view of the High Court has led to this appeal.

(3.) When leave was granted, interim order of stay was vacated. We are therefore not aware whether any prosecution of the appellant followed or not. Be that as it may, we must state the legal position. The offence was committed on 2-5-1979 when the Drugs Inspector on his usual visit, discovered the appellant engaged in the manufacture of I. V. Solution for administration to patients in the hospital. The provision requiring licence, being Section 18 (c) of the Act then read as follows: