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CHANDRA SHEKHAR JHA
Md. Sami Iqbal @ Sami Iqbal – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J. – This application has been preferred by the petitioner for quashing the order dated 09.01.2003, passed by learned Chief Judicial Magistrate, Patna in Phulwarisharif P.S. Case No. 322 of 2011/Special – 3/13, whereby cognizance has been taken against the petitioner under Sections 419, 420, 463, 464, 274 and 275 of Indian Penal Code read with Sections 18(A), 17[B], 18[C], 27(D), 27(c), 27(b)(ii), 28 and 28[A] read with Section 36 (A) (C) of the Drugs & Cosmetics Act, 2008.
2. The case of prosecution, in short, is that on 13.07.2011, an inspection of the workshop of M/s Grace Pharmaceuticals was made at Phulwarisharif, Patna by a team constituted under the order of State Drug Controller, Bihar, Patna. It is further alleged that upon inspection of the premises, it was found that manufacturing activities was going on without any valid license and approval and in presence of competent persons, production of drugs excess and different to the limits of license, absence of proper labeling of the stock of the raw material and non-production of the purchase invoices of the raw material, absence of analytical report, violation of provision of Schedule (M) of the Act, pro
The central legal point established in the judgment is the exemption of the drugs manufactured by the petitioner from the provisions of Chapter IV of the Drugs and Cosmetics Act, 1940 under Schedule ....
Non-compliance with inspection procedures under the Drugs and Cosmetics Act, 1940 is not fatal for prosecution in cases involving allegations of spurious drugs.
Only a Drug Inspector can initiate proceedings under the Drugs and Cosmetics Act, making any police-initiated proceedings legally invalid.
The main legal point established in the judgment is the limitation on police powers to register an FIR for offences under Chapter IV of the Drugs and Cosmetics Act, 1940, as specified in Section 32 o....
The main legal point established in the judgment is the restriction on police officers from prosecuting offenders and investigating cases under the Drugs and Cosmetic Act, 1940, as per the provisions....
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