Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18, 25(3) -- Quashing of proceedings - Sale of sub standard drug - Report of Government analyst was received after expiry date of sample drug - Held, question of exercising option or notifying intention u/s 25(3) of the Act does not arise - In such a case, accused has no opportunity to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner found in possession of some tablets, capsules and other medicines - Petitioner holding a valid wholesale drugs and sale licence - But sale license not shown at the time of recovery by the Police - Complaint can be initiated by..........
Drugs and Cosmetics Act, 1940, Section 23(1) -- Price of sample not paid - Tender of price of the medicine of which samplee is sought to be taken is a mandatory requirement - Proceedings quashed...........
Drugs and Cosmetics Act, 1940, Section 23, 25(4) -- Medicines not stocked for sale - Drugs lying in the godown as the same had been called back from the vendor on the instructions of the manufacturer as being defective - This is the very reason that Inspector did not even attempt to tender the price of the medicine while taking sample - Complaint filed after expiry date of..........
Drugs and Cosmetics Act, 1940, Section 25(3) -- Report of Govt.analyst - Evidentiary value of - Held, it is a settled legal proposition that report of analyst is conclusive - It means that no reasons are needed in support of conclusion given in report, nor it is required that report should contain mode or particulars of analysis...........
Drugs and Cosmetics Act, 1940, Section 25(3) -- Report of Govt.Analyst - Accused did not give any option to adduce evidence in contravention of analyst's report within statutory period of 28 days from date of receipt of report - Accused cannot avail his right to get sample tested by Central Govt. Laboratory - Inordinate delay in launching criminal prosecution is of no..........
Drugs and Cosmetics Act, 1940, Section 18(c),27(b)(ii), Criminal Procedure Code, 1973, Section 482 -- Possession of drugs - Held, mere possession will not attract an offence u/s 16(c) punishable u/s 27(b) (ii) of the Act - It contemplates stocking the drugs for the purpose of sale or distribution - Continuance of proceedings is nothing but abuse of process of law,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 100 injections of G-Norphine and 1000 tablets of Phenotil without valid licence - As per report of FSL Diphenoxylate Hydrochloride (2.5 mg), Atrophine sulphate (0.025) and Buprenorphine (0.29) were found in injections and tablets - Diphenoxylate not more than 2.5 mg. - Quantity of atrophine..........
Drugs and Cosmetics Act, 1940, Section 34 -- Prosecution of firm - Some banned drugs seized from premises of one of partners and not from premises of firm - No clear cut finding for taking action against licensee - Issue not examined in light of the provision read with rule 66 of rules - Case remanded for decision afresh...........
Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 18 -- 'Dettol' - Exhibiting, stocking, selling or distributing - 'Dettol' comes under Item 12 of Schedule K of Rules and hence is exempt from Chapter IV of the Act by virtue of R.123 of the Rules - For stocking, exhibiting and sale of 'Dettol' a license under the Act is not required - Prosecution against accused set aside...........
