Showing : 1-10 of 48 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
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...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
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..........
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..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Drugs and Cosmetics Act, 1940, Section 23(4), 25-- Sample of cough syrup - Reanalysis - Part of sample was not sent to manufacturer required u/s 23(4)(iii) of the Act - Valuable right of accused is thus, violated - Even otherwise, cognizance of complaint taken by Court after delay of 2 years on the date when shelf life of drug in question had..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Drugs and Cosmetics Act, 1940, Section 27(B)(i), 27(C)-- Drug/injection - Sub-standard quality - Offence by partnership firm - Vicarious liability - Petitioner was a sleeping partner of a supplier firm and did not actively participate in the conduct of business - Nothing on record to show that petitioner was involved in day-to-day business of firm -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Illegal possession of narcotic drugs - Mere fact that drugs which are covered under Manufactured drug under NDPS Act and NDPS Rules and are also covered by Drugs and Cosmetics Act and Rules framed thereunder, would not mean that offender can be penalized only under Drug and Cosmetics Acts and not..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Drugs and Cosmetics Act, 1940, Section 34-- Sub-standard drug - Offence by company - Drug in question not manufactured by manufacturer under loan license of petitioner company - Notice was issued to manufacturer - However, no notice was issued to petitioners - Continuation of prosecution against petitioners would be an abuse of process of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, Drugs and Cosmetics Act, 1940, Section 8C, 27B(2)-- Second bail application - Recovery of 1150 tablets Alprazolam and 1140 capsules Parvon spas - Gross weight of the drug is to be counted and not merely the net percentage/content of the salt in the medicinal preparation for finding out the actual weight of the drugs in reference to the Schedule..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, Narcotic Drugs and Psychotropic Substances Rules, 1985, Rule 67, Drugs and Cosmetics Act, 1940, Section 8, Drugs and Cosmetics Rules, 1945, Rule 65, Criminal Procedure Code, 1973, Section 482-- Contraband - Buprenorphine Hydrochloride is not included in Schedule I to the NDPS Rules - Consequently its manufacture, possession, sale, transport is neither prohibited nor regulated by NDPS Rules and by NDPS Act - It is Schedule H drug within meaning of Drugs and Cosmetics Act and Rules - No..........

Showing : 1-10 of 48 Results