AMIT SINGH Vs. STATE

JUDGEMENT

(1.) BY way of above noted petitions under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India petitioners seeks quashing of summoning order dated 28th October, 2010 passed by Metropolitan Magistrate as also the complaint under Section 3(d) read with Section 7 of Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954 (hereinafter referred to as "the Act") filed by the respondent.

(2.) BOTH the above petitions arise out of the same complaint, summoning order, inasmuch as, facts involved therein are same, thus, are being disposed of together.

(3.) SECTION 3 (d) envisages 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 diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition be specified in the Schedule, or any other disease, disorder or condition which may be specified in the rules made under the Act. Perusal of serial no. 11 of the Schedule shows that diseases and disorders of ,,optical system would fall within the meaning and scope of SECTION 3(d) of the Act. SECTION 7 of the Act encompasses the penal consequences in case of contravention of any of the provisions of the Act or rules made thereunder.