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SANDEEP N. BHATT
Jigar Amrutlal Patel – Appellant
Versus
State Of Gujarat – Respondent
Reference to "Sunderbhai" in the document:
The term "Sunderbhai" appears in paragraph (!) , where the court refers to a decision as follows:
"It is also fruitful to refer the decision of the Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat reported in 2003 (1) GLH 307
'19. However, these powers are to be exercised by concerned Magistrate. We hope and trust that the concerned Magistrate would take immediate action for seeing that powers under Section 451 CrPC are properly and promptly exercised and articles are not kept for long time at the police station, in any case for not more than 15 days to 1 month. This object shall also be achieved if there is proper supervision by the Registry of the concerned High Court in seeing that the rules framed by the High Court with regard to such article are implemented properly....'"
Context of the reference (!) : - This is cited by the petitioner's advocate in arguments for release of seized goods under Section 451 CrPC. - The court acknowledges the ratio in (!) but distinguishes it, noting no dispute with the principle but refusing interim release due to prima facie violations under the Drugs and Cosmetics Act requiring trial ( (!) ). - The petition is ultimately dismissed in (!) , upholding denial of release.
JUDGMENT :
1. The present petition is preferred under Article 226 of the Constitution of India and Section 451 of the Criminal Procedure Code, 1973, to quash and set aside the order dated 19.01.2023 passed in Criminal Misc. Application by the Chief Judicial Magistrate, Palanpur, District Banaskatha for release of Muddamal/Goods under the provisions of Section 451 of the Code of Criminal Procedure, 1973, and further to quash and set aside the order dated 16.02.2023 passed by the Sessions Court, Palanpur, Banaskatha in Criminal Revision No.07 of 2023.
2. Brief facts of the case are as under:
2.1 The petitioner has a partnership firm named Gurukrupa Industries which has 3 partners in total which legally produce chemicals through all kinds of chemical processes and even have factory license and wholesale License No.20B 21B for sale of medicine, wherein drugs are stored and sold in bulk and is engaged in the production of raw materials only and do not manufacture or sell any final product or medicine. The petitioner's firm procures this starting material from another company and stores it at a licensed premise at Chandisar and further such material is brought to the production unit as requ
Possession of drugs without proper licensing constitutes a contravention of the Drugs and Cosmetics Act, justifying seizure and requiring trial for legality.
The court ruled that a storekeeper cannot be prosecuted for failing to disclose drug acquisition details if he did not procure the drugs, rendering the trial court's cognizance void.
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.
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 judgment establishes that a valuable right to re-test a drug sample, as provided under Section 25(4) of the Drugs and Cosmetics Act, cannot be denied without due process, and failure to comply wi....
Sildenafil Citrate is an allopathic drug and it cannot be used by anybody else unless a person who holds licence for it.
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.
Directors of a company not involved in drug manufacturing cannot be held liable under the Drugs and Cosmetics Act absent specific evidence of their responsibility for the conduct of business.
Non-compliance with statutory provisions and resignation of the accused from the company absolved him of liability, leading to the quashing of the proceedings.
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