Comments
The definition of 'drugs' is an inclusive one. It includes all medicines for external or internal use of human beings or animals or any substances itended to be used for or in the diagnosis, treatment, mitigation or prevention of diseases in human beings
or animals; Langamurti v.State of Orissa, (1973) I CWR 368.
The appropriate meaning of the expression 'substances' in the section is things; Chimanlal J. Sheth v.State of Maharashtra, AIR 1963 SC 665.
Water meant to be used for dissolving other medicines for injection into human body is 'drug'; R.C. Sundarka v. State of West bengal, 1971 Cr. LJ 1369: 77 CWN 437.
(Note: Subs. by Act 13 of 1964, sec.2, for clause (c) (w.e.f. 15-9-1964)) "Government Analyst" means –
In relation to (Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 1-2-1983))Ayurvedic, Siddha or Unani drug, a Government Analyst appointed by the Central Government or a State Government under section 33F; and
In relation to any other drug or cosmetic, a Government Analyst appointed by the Central Government or a State Government under section 20;
(Note: Clause (d) omitted by Act 19 of 1972, sec.3)
(Note: Subs. by Act 13 of 1964, sec.2 for clause (e) (w.e.f. 15-9-1964))"Inspector" means-
In relation to (Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 1-2-1983)) Ayurvedic, Siddha or Unani drug, an Inspector appointed by the Central Government or a State Government under section 33G; and
In relation to any other drug or cosmetic, an Inspector appointed by the Central Government or a State Government under Section 21;
Note: Clause (bbb) ins. by Act 11 of 1955, sec.2) (Note: Clause (bbb) reentered as clause (f) by Act 35 of 1960, sec.2 (w.e.f. 16-3-1961) "manufacture" in relation to any drug(Note: Ins. by Act 21 of 1962, sec.4 (w.e.f. 27-7-1964))or cosmetic includes any
process or part of a process for making, altering, ornamenting, finishing, packing, labeling, breaking up or otherwise treating or adopting any drug(Note: Ins. by Act 21 of 1962, sec.4 (w.e.f. 27-7-1964)) or cosmetic with a view to its(Note: Subs. by Act 68
of 1982, sec.3, for "sale and distribution" (w.e.f. 1-2-1983))sale or distribution but does not include the compounding or dispensing(Note: Subs. by Act 21 of 1962, sec.4, for "or packing of any drug".)of any drug, or the packing of any drug or cosmetic, in
the ordinary course of retail business; and "to manufacture" shall be construed accordingly ;
(Note: Clauses (c), (d) and (e) reentered as clauses (g), (h) and (i) respectively by Act 35 of 1960, sec.2 (w.e.f. 16-3-1961)). "to import", with its grammatical variations and cognate expressions means to bring into (Note: Subs. by Act 3 of 1951, sec.3
and Sch., for "the States".)India;
(Note: Clauses (c), (d) and (e) reentered as clauses (g), (h) and (i) respectively by Act 35 of 1960, sec.2 (w.e.f. 16-3-1961)). (Note: Subs. by Act 68 of 1982, sec.3, for clause (h) (w.e.f. 1-2-1983)) "patent or proprietary medicine" means,
In relation to Ayurvedic, Siddha or Unani Tibb systems of medicine all formulations containing only such ingredients mentioned in the formulate described in the authoritative books of Ayurveda, Siddha or Unani Tibb systems of medicine specified in the First
Schedule, but does not include a medicine which is administered by parental route and also a formulation included in the authoritative books as specified in clause (a) ;
In relation to any other systems of medicine, a drug which is a remedy or prescription presented in a form ready for internal or external administration of human beings or animals and which is not included in the edition of the Indian Pharmacopoeia for the
time being or any other pharmacopoeia authorised in this behalf by the Central Government after consultation with the Drugs Technical Advisory Board constituted under section 5;
(Note: Subs. by Act 11 of 1955, sec.2, for original clause (e)) (Note: Clauses (c), (d) and (e) reentered as clauses (g), (h) and (i) respectively by Act 35 of 1960, sec.2 (w.e.f. 16-3-1961)) "prescribed" means prescribed by rules made under this Act.
(Note: Clause (f) ins. by the A.O. 1950 and omitted by Act 3 of 1951, sec.3 and Sch.)