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SANDEEP KUMAR
Md. Sarfaraz – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard learned senior counsels for the parties.
2. The petitioner has moved the Court for the following reliefs: –
“i. To quash the order dt. 21.09.2022, whereby and where under the learned Additional Session Judge-I cum-Special Judge Drugs & Cosmetics Act, Katihar, took the cognizance against the petitioner for the offences u/s 120 (B), 274, 275, 276, 419, 420, 467, 468, r/w 34 IPC & 27(b)(ii), (d), 28, 28(A), 27(a), 27(c) of Drugs & Cosmetics Act on the basis of the materials available on records whenever the police after investigation the case submitted the charge-sheet found false case against the Petitioner. under the Special Acts & Drugs & Cosmetic Act, 1940, without following the mandatory provision of Drugs and Cosmetics Acts where the search, seizure and investigation conducted by the police/team is otherwise bad in law hit by Special enactment 32 of the Act in question, so that the order taking cognizance by the Court is otherwise bad in law without jurisdiction because the petitioner is registered medical practitioner specialist in ENT, so that for the concerned of his specialized drugs were kept under the provision of the act where no medicinal shop running in his cl
The petitioner contravened Section 18(c) of the Drugs and Cosmetics Act by stocking and selling drugs without a license. The petitioner is liable under Section 27(b)(ii) of the Act.
When small quantity of medicine has been found in premises of a registered medical practitioner, it would not amount to selling their medicines across the counter in an open shop.
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 ....
Engaging in drug distribution without a valid license constitutes a criminal offense under the Drugs and Cosmetics Act.
Registered medical practitioners must obtain a license to stock and sell certain drugs under the Drugs and Cosmetics Act.
The court quashed proceedings against a registered Homeopathic Practitioner, finding no offence as medicines were procured for a clinic run by his father, a registered practitioner.
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