ZAFAR MD SARKAR Vs. EMPEROR

JUDGEMENT

(1.) This rule was issued upon the Chief Presidency Magistrate of Calcutta to show cause why the conviction and sentence of the petitioner under Rule 5 of the rules framed under Ordinance 21 [XXI] of 1944 should not be set aside.

(2.) It appears that on 9-1-1946, a complaint against the present petitioner was preferred to the Chief Presidency Magistrate, Calcutta, in the following terms: Sir, I have the honour to submit that the marginally noted accused person is violating the rules made by Government under Section 11, Public Health (Emergency Provisions) Ordinance, 1944, and issued with notification No. 1843-Mdl., dated 22- 5-1945, by making unauthorised advertisements about the treatment of venereal diseases on sequels of venereal diseases on signboards, walls etc., and in newspapers.

(3.) On receipt of this petition of complaint, summons was issued upon the petitioner under Rule 5 of the rules framed under Section 11 of the Ordinance. One witness only was examined for the prosecution and this witness proved that he had personally seen the signboard of the Oriental Dispensary at No. 103, Harrison Road, Calcutta and on this signboard were the words "Impotency", "Sex diseases", "Wet dreams", treated here". In addition to this evidence, a copy of a newspaper, the Nationalist, dated Friday 24-8-1945, was produced which contained an advertisement of the Oriental Dispensary at No. 103, Harrison Road, Calcutta. This advertisement reads as follows: Don t Go in the Wrong-Way. When you are distressed and attacked by burning diseases or by any painful and chronic diseases it is not impossible to be misguided by big and charming advertisements of quacks and self-made doctors. In this way your money and your health both pass away. Though you are described by those doctors incurable yet you have got full hope of your cure. You should at once see and consult a real-experienced physician who can make real treatment with the help of his modern scientific instruments. For this-you can safely see matchless and imperial sex-specialist Dr. Z.M. Sirkar, first class gold medalist and numberless certificate-holder from all classes. Undermentioned diseases are cured with double money return guarantee without operation. Magic-like effect within a few seconds Loss of Vigour, Weakness, Nervous debility, Decaying diseases, Premature old age, Mental disorder, Spermatorrhea, Leucorrhoea, Chronic female diseases, Want of Rejuvenation, Hydrocele, Leprosy, Lucoderma and (Piles).