JUDGMENT - 1. The only question which arises in this appeal filed by Prabhudas Kal-yanji Adhia against his conviction under Section 18(c) read with Section 27 of the Drugs and Cosmetics Act, 1940, for manufacturing, stocking and selling on July 15, 1966 the substance which he described as D. D. T. compound" without a licence under the said Act is, whether the said D. D. T. compound is a drug within the meaning of that Act.

2. The accused did not dispute that at the relevant time he was manufacturing stocking and selling at 121, Parel Tank Road, Parel, Bombay 12, as proprietor of M/s. Hill Side Products D. D. T. compound, but he denied that the substance which he was manufacturing or selling was intended to be used for the destruction of vermin or insects which cause disease in human beings or animals as mentioned in a notification of the Government, of India under Section 3(b)(ii). He relied on a label which was used on his product which he produced. On one side of the label there is a picture of a theatre and it is written:

"Theatre Brand

D. D. T. Co.

Technical DOT cum Malathion

Superior Quality

Hill-side Products, Bombay."

On another side of the label it is written:

"Not for medical u

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