D.S.Mathur, J. - (1.) Homoeopathic medicines including injections are exempt from the provisions of the Drugs Act if the words 'homoeopathic medicine'are written on the label. Consequently, on homoeopathic injections the manufacturer should have written the words 'homoeopathic medicine' and below these words injections and also other details. Instead, w-hat the applicant, Dr. C.L. Saini, did was to write the words 'homoeopathic injections.'
(2.) There is thus breach of the provisions of the Drugs Rules; but the breach is of a technical nature. The Court summoned the sample of the homoeopathic injections taken by the Drugs Inspector from the shop of the applicant and on perusal thereof it is apparent that there was no criminal intention on the part of the applicant. The words 'homoeopathic injections' are printed on the label in thick and bold capital letters with the same thickness and height. Any one purchasing the packet would have known at a glance that it contained homoeopathic injections and not injections meant for allopathic treatment.
(3.) The question naturally arises whether for a technical breach of the provisions of the Drugs Rules the trial should proceed or this Court may quash the proceedings.;