Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 336, 120B, Medical Termination of Pregnancy Act, 1971, Section 3, 4, 5, Drugs and Cosmetics Act, 1940, Section 18A, 18B, 18(C), Indian Medical Council Act, 1956, Section 15(2)(B) -- Anticipatory bail - Offence u/ss 420, 336, 120-B IPC, u/ss 3, 4, 5 Medical Termination of Pregnancy Act, u/ss..........
Criminal Procedure Code, 1973, Section 439, Drugs and Cosmetics Act, 1940, Section 18(c), 18A -- Bail - Sale of huge quantity of allopathic drugs without licence - Petitioner is a 62 years old person - Offence occurred in 2018 and nothing has been produced on record that since then till date, petitioner was found involved in repeating offence committed by him which..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 36A, Drugs and Cosmetics Act, 1940, Section 18(A), 18(C) -- Default bail - Contraband - Accused already remained in detention for more than 8-1/2 months - He is not involved in any other case under NDPS Act - Trial of case is likely to take a considerable time..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 274, 275, 420, Drugs and Cosmetics Act, 1940, Section 18(a)(i), 27 -- Bail - Offence u/ss 274, 275, 420 IPC and Ss.18(a)(i), 27 of Act of 1940 - Considering facts and circumstances of case, larger mandate of Art.21 of Constitution and without expressing any opinion on merits of case, applicant be..........
Drugs and Cosmetics Act, 1940, Section 32, 22, 23, 25, 27, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 154, 190, 173 -- Offence under Chapter IV of Act of 1940 - Police Officer cannot submit report u/s 173 Cr.P.C...........
Drugs and Cosmetics Act, 1940, Section 32, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 193, 200, 202 -- Complaint u/s 32 of Act of 1940 - When complaint u/s 32 is filed either by the Inspector or by the Authorized Gazetted Officer being public servants u/s 200, the Magistrate is exempted from examining the complainant and witnesses...........
Customs Act, 1962, Section 104, Gold Control Act, 1968, Section 68, Central Excise Act, 1944, Section 13, Drugs and Cosmetics Act, 1940, Section 22(1)(d), 32, 36AC, Drugs and Cosmetics Rules, 1945, Rule 51(4), (5), Criminal Procedure Code, 1973, Section 167 -- Drugs Inspector taking-up matter falling under Chapter IV of the Act - He is invested with the power to arrest...........
Drugs and Cosmetics Act, 1940, Section 32, Criminal Procedure Code, 1973, Section 154, 178, 179, 180, 181, 182, 183, 184, 185 -- FIR - If information is as to cognizable offences under Chapter IV, Police officer is obliged to register FIR - But, has no jurisdiction to investigate offence - He is duty bound to refer complainant to concerned Drugs Inspector...........
Drugs and Cosmetics Act, 1940, Section 25 -- An article which deteriorates with time due to delay predominately attributable to State or any of its entities and when tested and found not containing requisite standard then prosecution or penalty inflictable by virtue of such sample, cannot be sustained...........
Drugs and Cosmetics Act, 1940, Section 25 -- Sample - Delayed analysis - Sample drawn and analysed by Government Analyst delayed for a considerable period resulting in sample being drawn towards the end of its shelf life - There was considerable delay of sending sample to Central Drugs Laboratory which resulted in sample being sent and tested 8 months beyond shelf life of..........
