Y NAGESH Vs. DRUGS INSPECTOR NIZAMABAB

JUDGEMENT

(1.) The petitioner who is the accused in C.C.No. 838 of 2001 on the file of Judicial First Class Magistrate, Nizamabad, invokes the inherent powers of this Court u/s. 482 Cr.P.C. and seeks for quashing of the proceedings on the sole ground that the drug namely 'Rolled Bandage' will not come under the definition of Section 3(b) of Drugs and Cosmetics Act, 1940 and the prosecution is liable to be quashed. The learned Public Prosecutor contends that it is not a fit case to exercise the inherent powers of this Court and also drawn the attention of this Court to a decision reported in Chimanlal Jagivandas Sheth v. State of Maharashtra.

(2.) Adverting to the said contentions, the only point that arises for consideration is whether the drug namely 'Rolled Bandage' supplied will come under the definition of Section 3(b) of the Act. Section 3(b) of Drugs and Cosmetics Act, 1940 reads as follows: "drug" includes:-

(3.) Though an attempt was made to argue that the said articles had not been proved to be below the prescribed standard, it was subsequently given up. The only question that was argued is whether the said articles are drugs within the meaning of Sec. 3(b) of the Act. The said section reads: "drug" includes:-