Showing : 121-130 of 133 Results

MADRAS HIGH COURT
Year of decision: 2002
Details
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii)-- Mere possession of drugs without evidence to show that they were stocked for sale or distribution may not attract the relevant penal Section under Drugs and Cosmetics Act...........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Drugs and Cosmetics Act, 1940, Section 18, 27, Drugs and Cosmetics Rules, 1945, Rule 65-- Failure to maintain purchase records and drugs sold in excess of purchase records - Prosecution of person acting on behalf of licensee - Plea that it is the duty of the licensee to maintain records - Held, a person acting on behalf of licensee is not absolved of his criminal liability if he sells..........
BOMBAY HIGH COURT
Year of decision: 2001
Details
Drugs and Cosmetics Act, 1940, Section 25(4)-- Report signed by or under the authority of the Director of the Central Drugs Laboratory is conclusive evidence of the facts stated therein - Such report has an edge over the report of the Public Analyst of the State...........
KARNATAKA HIGH COURT
Year of decision: 2001
Details
Drugs and Cosmetics Act, 1940, Section 34, 18-- Director - It must be specifically averred in complaint that accused in his capacity as director, manager, secretary etc., was in charge of and responsible to company for conduct of its business at time when offence was committed and that commission of offence was with consent or connivance of, or..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Drugs and Cosmetics Act, 1940, Section 25(3)-- Drug - Sample found to be sub-standard by Govt. Analyst - Second sample not sent to Central Drugs Laboratory for test inspite of request to this effect by accused - Complaint filed when shelf life of drug had expired - Complaint quashed - Held, if the accused is summoned when shelf life of drug..........
BOMBAY HIGH COURT
Year of decision: 2001
Details
Criminal Procedure Code, 1973, Section 179, Drugs and Cosmetics Act, 1940, Section 16(1)(a), 18(a)(i, S.27(d)-- Adulterated drug - Manufacturer can be prosecuted at the place of sale of adulterated drug irrespective of whether seller of drug has been made party or not...........
BOMBAY HIGH COURT
Year of decision: 2001
Details
Drugs and Cosmetics Act, 1940, Section 25(4)-- Adulterated drug - Sample reached Central Drugs Laboratory after expiry date of sample - Valuable right vested in accused u/s 25(4) lost - Continuation of the proceedings in the circumstances against the petitioners would amount to abuse of process of law and as such the proceedings quashed...........
KERALA HIGH COURT
Year of decision: 2001
Details
Drugs and Cosmetics Act, 1940, Section 32-- Charge against Directors of a Company - Simply because a person is a director of the company he does not become liable for the offence committed by the company - It must be shown that he is incharge of and responsible to the company for the conduct of its business...........
BOMBAY HIGH COURT
Year of decision: 2001
Details
Drugs and Cosmetics Act, 1940, Section 18(a)(i), 34, 27(d), Drugs and Cosmetics Rules, 1945, Rule 76-- Drug/injection - Sub standard quality - Allegation that sample contained suspended matter - It was not the prosecution case that the drug or injection contained any foreign material - Development of particles may be due to non observance of standard of storage in a cool place - No prima facie case..........
BOMBAY HIGH COURT
Year of decision: 2001
Details
Drugs and Cosmetics Act, 1940, Section 18(a)(i), 34-- Drug/injection - Sub standard quality - Partners of firm - No averment in the complaint that partners were incharge of the business of the firm - Held, prosecution against them not sustainable...........

Showing : 121-130 of 133 Results