I first studied this Act in 1982 when I was just a junior.

As per my then understanding, the Act was to prevent advertisements of certain incurable diseases mentioned in a separate schedule.

I noticed that Publishers of such advertisements (or Articles, pamphlets) were liable under Sec. 3 of Act.

But then I saw a loophole which came up after a 1967 P & H HighCourt rulling.

As per ruling, an offense is made out only if three conditions are fulfilled.

1) It should contain name of a drug,

2) Name of a disease prohibited in schedule, and

3) A suggestion that it cures.

As per my understanding, the HC Judgement said that, if one of the three condition is missing, then no offense is made. To make out an offense, all 3 ingredients must be present in advertisement.

This judgement created a loophole.

Then I noticed that all such advertisements contained only any of the two ingredients only. No advertisement in newspapers contained all 3 ingredients.

Take any newspaper. And look at such advertisements.  Most probably, you will find that such advertisements will be containing only two of the three ingredients of Sec. 3.

Drugs and Magic Remedies (Objectionable Advertisements) Act #law #lawstudents #supremecourt #highcourt