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 Case Digest

Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
Sections 3, 4 , 5 and 7
Sections 3, 4 , 5 and 7
Complainants claiming herself to be "Divine Mother" having supernatural powers for curing many diseases and also had in a Television Talk claimed of curing cancer patients - offence if any committed? - Held it is sufficiently clear that in the alleged advertisement in news papers there is no indication of use of any Drug for the purposes as enumerated under Section 3 of the Act. It is simply indicated in the advertisement that the problems enumerated therein can suprisingly be solved. Such advertisement is published under the heading "Jyotish" (means Astrology) indicating that it would be supernatural or spiritual or astrological solution. Spiritual, supernatural or astrological activities are not prohibited in this country, nor taking avocation of Astrologer is an offence and accordingly, publication of advertisement of Astrology or of an Astrologer cannot be construed to be an offence under the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 or under any of the statute - publication of an advertisement in the manner done in this case cannot be construed to be an offence punishable under Section 7 of the Act - it is a conviction of the complaint that cancer cannot be cured by Stones or Metallic substance as because this is a clinic disease, as has been opined by the Cancer Experts. On the other hand, the appellant opined in the Televisions discussion that cancer patients could be cured by spiritual or supernatural power. but mere opinion on a questionable topic cannot be construed to be an offence punishable under Section 7 of the Act. However, in the alleged advertisement in the Newspapers it was never claimed that cancer can be cured by Magic Remedy.
Prabir Ghosh vs. Smt. Jaya Ganguly and another, CALCUTTA HIGH COURT, 2003 Drugs Cases 125


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