Supreme Court of India · 1963-11-29
DR. YASH PAL SAHI vs DELHI ADMINISTRATION
- Citation / case number
- SC 1962/134
- Court
- Supreme Court of India
- Petitioner
- DR. YASH PAL SAHI
- Respondent
- DELHI ADMINISTRATION
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court held that under Section 2(d) of the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, 'taking any part in the publication of any advertisement' includes sending it within India. The Court clarified that a single contravention is sufficient for guilt under Section 7, and the burden of proof lies on the appellant to demonstrate compliance with Section 14(1)(c) after the prosecution establishes that the recipient is not a registered medical practitioner. The appeal was dismissed, affirming the conviction and fine imposed by the lower courts.