JUDGMENT

CHANDRACHUD,J.:— The appellant, who is a Homoeopathic practitioner, runs a dispensary at Harrison Road Calcutta. In the issue 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 to-day 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 electric treatment and are cured permanently. ..............."

In behalf of this advertisement, the appellant was prosecuted under Section 7 read with Section 3 of the 172 Drugs and Magic Remedies (Objectionable Advertisements) Act, 21 of 1954. The learned Presidency Magistrate, 8th Court, Calcutta convicted the appellant of 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.

2. The Drugs and Magic Remedies (Objectionable Advertisements) Act provides by Section 3, in so far as relevant