ADHARSHA HOSPITAL KUNDAPURA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is by a hospital praying for a direction to the Drug inspector (respondent 3) not to interfere with the functioning of the hospital so far as it relates to collection, storage and transfusion of human blood.

(2.) LEARNED Counsel for the petitioner urged two contentions; that the drugs and Cosmetics Act, 1940 ('the Act' for short) does not apply to the aforesaid activity of the petitioner-hospital as human blood is not a 'drug' coming within the ambit of Section 3 (b) of the Act. Without prejudice to the said contention, he nextly contended that a hospital engaged in collection, storage and transfusion of human blood is not a 'blood Bank' within the meaning of Rule 122-F of the Drugs and cosmetics Rules, 1945 ('the Rules' for short) and hence no licence as contemplated in the said Rule is necessary. Learned Government Pleader opposed the petition and submitted that the respondents have the power under the Act and the Rules to regulate the collection, storage and transfusion of human blood by hospitals.

(3.) IN view of the above, the two questions that neatly fall for determination in this writ petition are.- (i) Whether human blood would fall within the ambit of 'drug' as defined under Section 3 (b) of the Act? (ii) Whether a hospital is a 'blood Bank' for the purpose of Rule 122-F of the Rules if it is engaged in the collection, storage and transfusion of human blood?