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K. NATARAJAN
Rakesh Kumar – Appellant
Versus
State of Karnataka at The Instance of Drugs Inspector – Respondent
ORDER :
Crl.P.No.9046/2016 is filed by petitioners-accused Nos.2 to 9 under Section 482 of Cr.P.C for quashing the criminal proceedings in C.C.No.202/2016 pending on the file of the Principal Civil Judge and JMFC, Mandya for the offence punishable under Sections 26-A punishable under Section 28-B of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'D.C. Act').
2. Crl.P.No.2923/2016 is filed by the petitioners-accused Nos.4 to 11 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.1821/2015 pending on the file of Principal Civil Judge and JMFC, Mandya for the above said offences.
3. Crl.P.No.9047/2016 is filed by the petitioners-accused Nos.1 to 8 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.1459/2015 pending on the file of the Additional Civil Judge and JMFC, Madhugiri, Tumkur for the above said offences.
4. Crl.P.No.9048/2016 is filed by the petitioners-accused Nos.1 to 8 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.1197/2015 pending on the file of Principal Civil Judge and JMFC, Tiptur, Tumkur District for the similar offences.
5. Heard the arguments of Sri Desu Reddy.G, learned couns
Section 27 of the Act reads as Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter.—Whoever, himself or by any other person on his behalf, manufactures for sale or for dist....
The central legal point established in the judgment is the importance of adhering to the prescribed limitation period for filing a complaint under the Drugs and Cosmetics Act, 1940, and the consequen....
The main legal point established in the judgment is the need for specific allegations to establish vicarious liability and the importance of following mandatory provisions before launching prosecutio....
A stockist cannot be held liable for drug quality violations if not impleaded in the prosecution, highlighting the necessity of prosecuting the manufacturer under the relevant legal framework.
The main legal point established in the judgment is that intermediaries, as defined under the Information Technology Act, are exempt from liability for the actions of vendors/sellers using their plat....
Conviction under drug regulation provisions requires proving non-compliance, highlighting the importance of disclosing the manufacturer's details for legal protection.
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