Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28 -- Recovery of 87 items of drugs stored without license - Accused admitted his fault - Non-examination of license holder and owner of shop was not fatal to prosecution case - Moreover, when trial Court and first appellate Court held that no, examination of those two witnesses not fatal to prosecution case, High Court in..........
Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28, 18 -- Recovery of 87 items of drugs stored without license - Accused contended that their signatures were obtained on blank papers - However, it is evident that no complaint was lodged by accused regarding same - Contention rejected...........
Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28, 18 -- Recovery of 87 items of drugs stored without license - Reduction of sentence - Offence committed in 2008 - Accused had no prior conviction under the Act - He stated that he was not aware that he has to obtain the license for sale of drugs - Sentence of accused reduced from 1 year to 3 months...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 65, 85, Drugs and Cosmetics Act, 1940, Section 18A, Criminal Procedure Code, 1973, Section 439 -- Recovery of prohibited drugs without valid licence - Bail - Accused not fit to be kept in jail for indefinite period - Accused suffering from heart disease and his blood sugar is uncontrolled and is required to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Alprazolam tablets along with other intoxicating tablets and capsules - Plea of applicability of Drugs and Cosmetics Act - Petitioner is not license holder in respect of purchase and sale of Alprazolam and Tramadol - Recovered drugs..........
Drugs and Cosmetics Act, 1940, Section 25 -- Drug - Re-analysis of sample - Drug sample expired by the time petitioners were summoned in Court - Petitioners lost their right to get sample re-analyzed from Central Drug Laboratory - Valuable right of petitioners lost and prejudice is caused to them - Proceedings quashed...........
Drugs and Cosmetics Act, 1940, Section 27(a) -- Non-medicinal fungus injected into human body with any injectable drug - Unless a doctor/pharmacist is specifically examined on the said question, as to whether injected fungus/bacteria could cause death or grievous hurt, it would not be appropriate to convict a person for commission of offence punishable u/s 27(a) of the..........
Drugs and Cosmetics Act, 1940, Section 32 -- Investigation by Police - Police is not authorized to investigate and prosecute an offence under Chapter IV of Drugs Act, for lack of authorization u/s 32 of the Act...........
Drugs and Cosmetics Act, 1940, Section 32 -- Investigation under the Act - Has to be carried out as per provisions of Drugs Act and not in accordance with general procedure laid down in Cr.P.C. as special enactment to prevail over general law...........
Drugs and Cosmetics Act, 1940, Section 32 -- Institution of prosecution - Assistant Drug Controller (ADC) lodged FIR - After registration of FIR, investigation carried out by police cannot be handed over to informant/ADC for filing same as a complaint by said informant in the Court, so as to initiate prosecution in consonance with S.32 of Act, as scheme of Cr.P.C. does not..........
