Showing : 21-30 of 132 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Drugs and Cosmetics Act, 1940, Section 25(3)-- Sale of sub-standard drug - Report of Government Analyst - Notified to petitioners/manufacturers after expiry date of sample drug had lapsed - Statutory right available to petitioners to challenge Government Analyst's report as per S.25(3) of the Act infringed beyond redemption - Proceedings qua..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)-- Sale of medicines without licence - Accused no.1 was running medical shop in premises owned by applicant - Except making a bald statement that accused Nos.2 and 3 are selling medicines from shop of accused no.1 of which license is already cancelled, there is no material to show that applicant was..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Drugs and Cosmetics Act, 1940, Section 26A-- Prohibition of drugs by Central Government - Without previous consultation with Drugs Technical Advisory Board (DTAB) - Validity - Previous consultation of DTAB is not mandatory for Central Government for prohibiting any drugs, as DTAB is only an advisory body - Moreover, so long as Central..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Drugs and Cosmetics Act, 1940, Section 5(5), 26A-- Drugs Technical Advisory Board (DTAB) - Sub-committees - Merely because S.5(5) of the Act permits persons who are not members of Board to sit on sub-committees, it cannot be said that Central Government may not under S.26-A of the Act, refer to any persons other than those who are Board members...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Drugs and Cosmetics Act, 1940, Section 7A, 5, 7-- Provison of S.7-A of the Act prohibits application of Ss.5, 7 of the Act to Ayurvedic, Siddha or Unani drugs, which means that DTAB set up in S.5 of the Act applies to all drugs except Ayurvedic, Siddha or Unani drugs, as separate and distinct drill is followed in said drugs...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Drugs and Cosmetics Act, 1940, Section 26A-- Prohibition of certain Fixed Dose Combinations (FDCs) by Central Government - It is not clear as to what exactly are the reasons for such prohibition - Since an analysis be made in greater depth, cases should go to DTAB and/or sub-committee formed by DTAB for purpose of having relook into these..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 272, 273, 34, Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28, 36AC, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C)-- Bail - Recovery of 4000 bottles of Corex Cough syrup containing codeine - Though Central Government by its notification prohibit the manufacture, distribution and sale of 344 FDC Drugs which included Corex, however, Delhi High Court quashed the said notification - Corex containing codeine is thus..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Drugs and Cosmetics Act, 1940, Section 27(d), Criminal Procedure Code, 1973, Section 468, 482-- Sample of medicine Decicort Tab - Cognizance of offence - Limitation - Sample found to be sub standard - Maximum punishment which can be imposed u/s 27(d) of Act of 1940 is 2 years and period of limitation as prescribed u/s 468 Cr.P.C. is three years - However, more than 8 years have passed from..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 468, 469, Drugs and Cosmetics Act, 1940, Section 27B(1), 17A, 18A, 18C, 22D, 22A-- Limitation - Complaint u/ss 27-B(1), 17-A, 18-A, 18-C, 22-D, 22-A, 22(3) of Drugs and Cosmetics Act - Drug Inspector came to know about identity, designation and authority of petitioners on 9.5.91 - Complaint filed on 1.12.92 - Complaint filed within three years of period of limitation and thus..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Drugs and Cosmetics Act, 1940, Section 34-- Trust - Private or public, charitable or otherwise is a juristic person and is liable to be punished for the offence committed under the Drugs Act - Every trustee who was incharge of the day to day affairs of the Trust, is also liable for punishment besides the Trust for the offence committed by..........

Showing : 21-30 of 132 Results