Today we have heard the submissions of the learned
senior counsel appointed as Amicus Curiae on the issue of
implementation of the Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954 (for short, ‘the
1954 Act’) and the Drugs and Magic Remedies (Objectionable
Advertisements) Rules, 1955 (for short, ‘the 1955 Rules’).
We have heard the learned counsel appearing for the
petitioners as well as Shri K.M. Natraj, learned ASG for
the Union of India.
It is necessary to make a reference to the statement
of objects and reasons of 1954 Act.
Basically, what the legislature has noted is that such
advertisements drugs/magic remedies can cause great harm to
the society and therefore, it is necessary to stop such
undesirable advertisements and to save the ignorant and
unwary masses. The basic object is to ensure that
objectionable advertisements of drugs and magic remedies
are not published. Section 2 defines both ‘drugs’ and
‘magic remedies’. What is more important is the definition
of ‘advertisement’ contained in Clause (a) of Section 2
which reads thus:
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