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V SRINIVAS
Sri Ganesh Medical Agencies – Appellant
Versus
State of A P – Respondent
ORDER :
V Srinivas, J.
Assailing the judgment dated 21.08.2007 in Crl.A.No.294 of 2004 on the file of the Court of learned IX Additional Sessions Judge(FTC) at Guntur, confirming the conviction and sentence passed against the petitioners/accused Nos.4 and 5 by the judgment dated 21.07.2004 in C.C.No.67 of 2004 on the file of the Court of learned Judicial Magistrate of First Class for Excise at Guntur, for the charges under section 17-B(e) r/w.27(c), Sec.17-B(d) r/w.27(c), Sec.18(a)(i) r/w.27(d), Sec.18-A r/w.28, Sec.18-B r/w.28-A and Sec.24 r/w.28 of Drugs and Cosmetics Act (hereinafter referred to as “the Act), the petitioners/accused Nos.4 and 5 filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973.
2. The revision case was admitted on 29.08.2007 and the sentence of imprisonment imposed against the petitioners was suspended, vide orders in Crl.R.C.M.P.No.1716 of 2007.
3. The shorn of prosecution case is that:
Compliance with statutory provisions is essential for the validity of prosecution actions; failure to adhere to such requirements can lead to acquittal.
Directors are liable under the Drugs and Cosmetics Act for the conduct of the company's business, and summoning orders require only a prima facie case without extensive procedural scrutiny.
Quash of Criminal proceedings - once it is shown that the right of accused to adduce evidence in controversion of the Government Analyst’s report is defeated due to acts and omission of the Drugs Ins....
The court can invoke the Probation of Offenders Act to release an offender on probation considering their age, health, and lack of prior criminal history.
Seizure of sub-standard quality of drug – When report of Government Analyst itself is shrouded in serious suspicion and it is not sure as to whether report of Government Analyst relates to sample lif....
Non-compliance with inspection procedures under the Drugs and Cosmetics Act, 1940 is not fatal for prosecution in cases involving allegations of spurious drugs.
The conviction under the Drugs and Cosmetics Act requires proof of sale or stocking of drugs without a valid license, and procedural compliance in investigations is crucial for upholding such convict....
The judgment establishes that the failure of the prosecution to adhere to statutory requirements, particularly regarding the right to contest the Government Analyst's report, can lead to the quashing....
Prosecution quashed for delay in sample testing beyond 60 days without extension under Rule 45 and failure to send sample to manufacturer under Section 23(4)(iii), depriving re-analysis right post sh....
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