Pages

▼
Showing posts with label drugs and cosmetics Act. Show all posts
Showing posts with label drugs and cosmetics Act. Show all posts
Sunday, 29 March 2026

Bombay HC : Sessions Court Cannot Take Cognisance Of Offences Under Drugs & Cosmetics Act Without Committal of case By Magistrate

›
 In regard to the action of the learned Special Judge of taking  cognizance of the offence directly, there appears substance in the submissi...
Thursday, 7 September 2023

What is duty of Magistrate before passing order of issue process against accused who is resident of area beyond his jurisdiction?

›
  However, regarding non-compliance of Section 202 of the Code of Criminal Procedure while issuance of process, there is substance in the co...
Friday, 14 April 2023

Can a drug retailer escape liability U/S 27 of the Drugs and Cosmetics Act if they obtained a spurious drug from a licensed dealer?

›
As already noted, this petition has been filed by the retailer, in whose shop the sample of the subject drug was collected. The contention o...

Can a person be convicted U/S 27 of the Drugs and Cosmetics Act if the prosecution fails to prove that the medicine in their possession was for sale?

›
 The possession of the drugs is not disputed in this case by either side. However, this Court in the case of Mohd. Shabir v. State of Mahara...

Is the Central Drugs Laboratory report conclusive against a manufacturer if they did not have the opportunity to get the sample re-analyzed?

›
 From the foregoing analysis of law on the subject, it is clear that while a manufacturer has a valuable right of getting the sample re-test...
1 comment:

Whether Drug Manufacturer Can Be Held Liable For Not Meeting Standards Prescribed After Date Of Manufacture?

›
The undisputed facts are that the alleged drug was manufactured on 01.10.2004. On that date no standard was prescribed. On 06.10.2005 a noti...
Thursday, 29 December 2022

Whether directors of a Company can escape liability under The Drugs and Cosmetics Act on the ground that they were not involved in the production of Drugs?

›
More particularly, the principle laid down in Section 141 of the NI Act (which is pari materia with identical sections in other Acts like th...
1 comment:

Can the Session court take cognizance of the offence as per S 32(2) of the Drugs and Cosmetics Act even though the said case is not committed to it?

›
 In 'The Act of 1940', no where expressly or by necessary implication provides that either the Special Court can take cognizance wit...
1 comment:
Wednesday, 28 December 2022

Whether Magistrate should commit cases under Drugs and Cosmetics Act after amendment of said Act effective from 10-8-2009?

›
  In this case, on 10.8.2009, the sample was taken by the respondent, who is a Drug Inspector of the State and on 22.3.2005 the case was in...
1 comment:
Tuesday, 25 October 2022

Supreme Court: Precaution which Magistrate should take before issue of process against accused

›
A wide discretion has been given as to grant or refusal of process and it must be judicially exercised. A person ought not to be dragged int...
Wednesday, 31 August 2022

Can Court implead Manufacturer as per S 32A of Drugs and Cosmetics Act before commencement of trial?

›
  In order to test the merits of this contention, we need to notice the provisions contained in Section 32A of the Drugs and Cosmetics Act w...
Wednesday, 3 November 2021

Whether court should acquit an accused of an offence under the Drugs and Cosmetics Act if the appointment of the Public analyst is not notified in the Government Gazette?

›
 It is settled law as relied upon in  R.A. Chandawarkar  (supra) that publishing it in Government Gazette is not just a mere formality. The ...
Saturday, 5 September 2020

Supreme Court: Police officer can not register offence, arrest accused and investigate the case under the Drugs and Cosmetics Act

›
THE CONCLUSIONS/DIRECTIONS 150. Thus, we may cull out our conclusions/directions as follows: I. In regard to cognizable offences u...
Sunday, 22 January 2017

Whether police can file chargesheet if a person is selling medicine without licence?

›
From the above provisions, it is clear that the cognizance of the offences punishable under Chapter IV of the Act, which includes the of...
Thursday, 10 March 2016

When offence under Drugs and cosmetics Act is not made out?

›
On the contrary, it is submitted by Shri Lotlikar, the learned Senior Counsel for the respondents that the scope of the interference in...
Wednesday, 18 November 2015

Procedure to be followed by session Judge if case for offence U/S 27 of Drugs and cosmetics Act is committed to him?

›
 Now coming to the complaint filed and cognizance taken by the magistrate is under  Section 27  of the Act. The complainant in filing the ...

When it is not necessary for Magistrate to commit case of drug and cosmetics Act to session court?

›
The above view is further supported by the decision reported in Udayadivakaran v. State of Kerala [2012 (3) KLT 940]. In the above decision...
Sunday, 15 November 2015

Whether session Judge can directly take cognizance of offence under Drugs and cosmetics Act?

›
The Special Court, being a Court of Sessions, is not  empowered to take cognizance straightway. The Code of Criminal Procedure, being the p...

Whether Human blood is drug?

›
 A bare reading of the definition would make it obvious that any thing, which can be used for treatment or mitigation of any disease ...
Saturday, 10 October 2015

Whether complaint under Drugs Act is liable to be quashed on the ground that there is non compliance S 25(3) of drugs and cosmetics Act?

›
The case debated on the complaint filed against the petitioner about the use of sub-standard material in the manufacture of a medicine...