RAM CHANDRA SUNDARKA Vs. STATE

JUDGEMENT

(1.) R. N. Dutt, J. : This Rule is against an order of conviction and sentence under section 27 of the Drugs and Cosmetics Act, 1940.

(2.) THE prosecution case is that the petitioner stocked huge quantities of ampules of water for injection in a godown at 357/8, Upper Chitpur Road without a licence as required under section 18 (c)of the Act. The petitioner pleaded not guilty. His defence was that he had a licence for storing and selling drugs from his shop at 43, Brojodulal Street under the Act, but at the relevant time the shop room was under repair and so he stored some ampules of water for injection in the godown at 357/8, Upper Chitpore Road. The learned Magistrate however convicted him and sentenced him to simple imprisonment for one month. The petitioner has thereafter obtained this Rule against this order of conviction and sentence.

(3.) MR. Dutta has first contended that the ampules of water for injection which were recovered from the godown at 357/8, Upper Chitpcre Road are not 'drug' within the definition of the word 'drug'. Under section 3 (b) of the Act drug includes (i) "all medicines for internal and external use of human beings or animals and all substance intended to be used for or in the diagnosis treatment, mitigation or prevention of disease in human beings or animals. " true, water for injection is not used as such in the human body, but water for injection is used for dissolving other medicines for injection into human body. Not any and every water can be used for such purpose. Only distilled water can be used for such purpose and the water for injection in the instant case was such distilled water for the purposes of being used with medicine for injection into human body. Clearly therefore, this comes within the definition of drug. Mr. Dutta submits that the object of the Drugs and Cosmetics act is to prevent sub-standard in drugs. Obviously so no sub-standard water for injection can or should be used either. It is therefore but natural that such water for injection should also come under the Drugs and Cosmetics Act. We hold therefore that the water for injection which were recovered from the godown at 357/8, Upper Chitpore Road do come under the definition of 'drug' contained in section 3 (b) of the Act.