ZAFFAR MOHAMMAD @ Z. M. SARKAR versus THE STATE OF WEST BENGAL

Citation: [1976] 2 S.C.R. 782 · Decided: 25-11-1975 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Dismissed
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Judgment (excerpt)

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ZAFFAR MOHAMMAD @ Z. M. SARKAR 
v. 
THE STATE OF WEST BENGAL 
November 25, 1975 
(Y. V. CHANDRACHUD AND A. C. GUPTA, JJ.) 
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Drugs and Magic Remedies (Objectionable Advertiseme111s) Act (21 of 1954) 
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-S. 3-Scope of. 
Section 3 of the Drugs and Magic Remedies (Objectionable Advertisements> 
Act provides that no person shall take part in the publication of any advertise-
ment referring to any drug in terms which suggest or are calculated to lead to 
the use of that drug for the maintenance or improvement of the capacity of 
human beings for sexual pleasure or the diagnosis, cure or treatment of anY 
disease or condition specified in the Schedule to th.e kt. Section. 7 of the 
Act makes it penal to contravene any of the provisions of tbe Act. 
The appellant inserted an advertisement in a newspaper to the effect that 
he would treat diseases ''with new methods, new 1nachines of science anc! elec1r;c 
I reatlnent". 
He was prosecuted under s. 7 read with s. 3 of the Act and was 
convicted and sentenced. 
The High Court confirmed the conviction and senten-
ce. 
On appeal to this Court. it was contended that the particular advertisement 
did not refer to any "drug" and, therefore, the provisions of the Act were not 
attracted. 
Dismissing the appeal, 
HELD : "Machines of science" designed to confer on mankind the blessings 
of "New Life, New Vigour, New Spirit, New Wave" advertised by the appeJ.-
Jant are most likely to trap the ignorant and the unwary. 
The articles of' com-
merce which the appellant had banefully advertised must be brought within the 
mischief of the Act. 
[784 GHl 
( 1) Any article other than food which is intended to affect or inflnence in 
any way any organic function of the body of a human being is a drug within 
the meaning of that provision. The so-called "machines of science" or 
of 
"electric treatment" whose magically curative properties were advertised by the 
appellant are articles intended to influence the organic function of the human 
body. 
[784CJ 
(2) A machine is a tangible thing which can both be seen and felt and as 
snch, it answers the description of an article within the meaning of s. 2(b )(iii) 
of _the Act. 
A machi'ne is intended to be and is conceived as a nsefUl thing 
and is therefore, an "article''. It does no violence either to commonsense or 
to rules of interpretation to say that a machine is an "article". 
[784-D-EJ 
CRIMINAL APPELLATE JURISDICTION : Crimrnal Appeal No. 162 
of 1971. 
Appeal by special leave from the Judgment and Order dated the 
11th December, 1970 of the Calcutta High Court in Criminal Revi-
sion No. 145 of 1969. 
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N. C. Talukdar, Prodyut Kumar Chatterjee and Sukumar Basu 
for the Appellant. 
G. S. Chatterjee and Sukumar Basu for the Respondents. 
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ZAFFAR MOHAMMAD v. WEST BENGAL (Chandrachud, /.) 783 
The Judgment of the Court was delivered by 
CHANDRACHUD, J. 
The appellant, who is a homoeopathic prac-
titioner, runs a dispensary at Harrison Road, Calcutta. 
In the bsue 
of a Hindi newspaper, "Sanmarg", dated September 14, 1967 he had 
the following advertisement published : 
"New Life, New Vigour, New Spirit, New Wave. 
If 
you want a cure, see today 
well 
known 
world-famous 
experienced registered Physician. 
Special diseases such as 
oldness in youth, all sorts of defects in nerves, or weakness, 
laziness are treated with full 
responsibility, 
with 
new 
methods, new machines of science and e\e.ctric 
treatment 
and ·are cured permanently ....... " 
In behalf of this advertisement, the appellant was prosecuted under 
section 7 read with section 3 of the Drugs and Magic Remedies 
(Objectionable Advertisements 
Act 
21 
of 
1954. 
The learned 
Presidency Magistrate, 8th Court, Calcutta convicted the appellant 
ot the aforesaid charge and sentenced him to pay a fine of Rs. 100/-. 
The order of conviction and sentence having been confirmed by the 
High Court of Calcutta, the appellant has filed this appeal by special 
leave. 
The Drugs and Magic Remedies (Objectionable Advertisements) 
Act provides by section 3, in so far as relevant, that no person shall 
take part in the publication of any advertisement "referring to 
any 
drug in terms which suggest or are calculated to lead to the use 
of 
that drug" for the maintenance or improvement of the capacity of 
human beings for sexual pleasure or the diagnosis, cure or treatment. 
of any disease or condition specified in the Sechedule to the Act. Item 
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