ORDER

1. This is an appeal against the judgment and order of a Division Bench of the Patna High Court passed in Civil Writ Jurisdiction Case No. 3326 of 1979 on 17-7-1980.

2. The appellant Dr. (Miss) Aletta Grace Bell, as Medical Superintendent-cum-Administrative Officer of the Duncan Hospital at Raxaul in the State of Bihar, was served with a letter from the Drug Controller, Bihar to the effect that the hospital being in the manufacture and distribution of a drug referred to as I. V. Solution, was required to take a licence under the provisions of the Drugs and Cosmetics Act, 1940, for the default of which it had to suffer prosecution. Challenging the same before the Patna High Court, the appellant contended that since its product was a preparation by compounding of glucose or sodium with distilled water and administered to patients in the hospital, his solution was manufactured not for sale but for distribution, and the act of manufacture for distribution required no licence. The High Court on examining the various provisions of the Act, came to hold that the appellants hospital was required to obtain licence under clause (c) of Section 18 of the Drugs and Cosmetics Act, 1940. Th