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SANJAY KUMAR DWIVEDI
Krishna Mohan Prasad, son of Suryabansh Sharma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Deepak Kumar Prasad, the learned counsel for the petitioner and Mr. Digvijay Prasad, the learned counsel for the State.
2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. This application has been filed for the following reliefs:
4. Counsel for the petitioner submits that this case can be disposed of on the short point of non-compliance of the mandatory provisions of section 23(4) and 25(2) of the Drugs and Cosmetics Act, 1940 which is enough to quash the entire criminal proceedings against the petitioners including the order taking cognizance involved in the present case. The c
Right of appellant to have sample analysed in Central Laboratory is a valuable right.
The court established that the procedural requirements under Section 202 of the Code of Criminal Procedure do not apply to Sessions Judges, affirming their authority to take cognizance of cases under....
The complaint under the Drugs and Cosmetics Act was filed beyond the three-year limitation period, violating the petitioners' right to re-examine the drug, leading to quashing of the proceedings.
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....
The right of the petitioner to adduce evidence under sub sections 3 and 4 of section 25 of the Drugs and Cosmetics Act was crucial in influencing the court's decision to quash the entire criminal pro....
Drugs and Cosmetics - Criminal Proceedings quashed - Statutory right of petitioner for retesting drugs in question under sections 25(3) and 25(4) of Act has been violated by respondent and learned tr....
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