cpc

is blood a drug?

Advocate

This is repetition of my query in the forum earlier, but no satisfactory answer was found. So, I am posting it again.Can human blood be ragarded as drug?

 
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Practicing Advocate

Can human blood be ragarded as drug??  I don't think so..

 
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Advocate

My Dear Archana, thank you very much indeed for your responds. but can yu give me the reasons?

 
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Practicing Advocate

Dear Assumi sir, as per THE DRUGS AND COSMETICS ACT

[(b) “drug” includes— 

   (i) all medicines for internal or external use of human beings or 

animals and all substances intended to be used for or in the diagnosis, 

treatment, mitigation or prevention of any disease or disorder in human 

beings or animals, including preparations applied on human body for the 

purpose of repelling insects like mosquitoes; 

 (ii) such substances (other than food) intended to affect the structure 

or any function of human body or intended to be used for the destruction 

of (vermin) or insects which cause disease in human beings or animals, as 

may be specified from time to time by the Central Government by 

notification in the Official Gazette;] 

 [(iii) all substances intended for use as components of a drug 

including empty gelatin capsules; and 

 (iv) such devices intended for internal or external use in the 

diagnosis, treatment, mitigation or prevention of disease or disorder in 

human beings or animals, as may be specified from time to time by the 

Central Government by notification in the Official Gazette, after 

consultation with the Board ;

 
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Advocate

What is your opinion to Clause (IV)?

 
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Assumi ji,

 

Human Blood is not a drug. Blood consists of red cells, white cells, plasma etc.

 

A drug is a medicine to fight against a disease or control human metabiolism.

 
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Answer is No

Definition of term 'drug' is open ended in words as it started with 'drug includes......' but what is drug is not defined any where.In such a case you need to follow principles of harmonious interpretation and need to interpret term drug ejusdem generic with the expressions used in the definition. 

As items provided in the definition are allien items for human body and maily man made so chances are quit dim that if blood can be classified under this definition. Like Clause II clearly exclude food items.

Further assume if some one is donating his body part - can we assume same as drug.

However if you look at the wording of clause ii (in bold) and read the highlighted part then case can be argued before the court but it will certainly go atleast upto HC bench.

Also see if you can get some case in Excise and Customs. You can also refer HSN classifiction for resolving this issue as same is Govt appoved list of goods.

such substances (other than food) intended to affect the structure or any function of human body or intended to be used for the destruction of (vermin) or insects which cause disease in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette;] 

 

 

 
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As per Drugs and Cosmetics Act 1940 Drug is defined as

 

The definition of 'drugs' is an inclusive one. It includes all medicines for external or internal use of human beings or animals or any substances itended to be used for or in the diagnosis, treatment, mitigation or prevention of diseases in human beings or animals; Langamurti v.State of Orissa, (1973) I CWR 368.

 
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Advocate

Sathya, but dont you think that blood is also used for treatment like other medicines? And also the fact that DCA of 1940 is inclusive and not exclusive?

 
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Assumi ji,

I agree, Blood can be used for medical treatment but defining blood as a drug needs interpretation depending upon case circumstances.  

 
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