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1996 Supreme(Guj) 628

S.D.SHAH
SUBODH S. SHAH – Appellant
Versus
DIRECTOR,food and DRUGS – Respondent


Advocates Appeared: G.N.DESAI, K.C.SHAH, P.G.DESAI

S. D. SHAH, J.

( 1 ) IS human blood a "drug" ? and are Pathologists tapping blood from human beings manufacturing "drug" so as to incur liability to obtain licence under Sec. 18 (c) of Drugs and Cosmetics Act, 1940 ? are the questions posed for consideration of this Court in this petition under Art. 226 of the Constitution of India filed by some of the Pathologists and Association of Pathologists.

( 2 ) THE respondents, namely, the Director of Food and Drugs has by notices, dated 8th July, 1983 called upon the petitioners individually to show cause as to why action should not be taken against them for breach of Sec. 18 (c) of the said Act inasmuch as they have been carrying on the activities of tapping blood, collecting the blood and of selling the blood for which licence is required under Sec. 18 (c) of the said act and since such activity was being carried on by them without obtaining licence, actions were required to be taken against them. The issuance of such notice to various pathologists has given rise to the present petition whereby the petitioners have challenged the legality and validity of said notices issued under Sec. 18 (c) and they have also prayed for issuance of appr
















































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