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SANJAY KUMAR DWIVEDI
Om Prakash Anand, S/o. Sri Yogendra Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Ms. Pinky Anand, the learned Senior counsel assisted by Mr. Rajesh Ranjan, the learned counsel appearing on behalf of the petitioner, Mr. Manoj Kumar, the learned G.A.-III assisted by Mr. Ravi Prakash, the learned Spl.P.P appearing on behalf of the respondent State as well as on behalf of the O.P.No.2.
2. This petition has been filed for quashing the entire criminal proceeding in connection with N.D.P.S. Case No.20/2021 arising out of C.C. Case No.395 of 2021 including the order taking cognizance dated 08.06.2021 by which the learned Sessions Judge took cognizance against the petitioner for the offences under sections 22(a) of N.D.P.S. Act and section 28(a), 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act, 1940, pending in the court of learned Sessions Judge, Seraikella-Kharsawan at Seraikella.
3. The Opposite Party No.2-Drug Inspector has lodged complaint case alleging therein as under:
4. That on the complaint of one Sweta Sah, Jyotsna Jha, Preeti Kumari an enquiry was conducted on 19.5.2021 and in the said enquiry few questions were asked from the Hospital Ma
The judgment emphasizes the need to avoid the abuse of the process of law and highlights the exemptions for medical practitioners and hospitals under the Drugs and Cosmetics Act, ultimately leading t....
The court established that lawful possession of psychotropic substances for medical purposes, coupled with the absence of mens rea, can justify the granting of bail under the NDPS 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.
No person shall sell, purchase, consume or use any psychotropic substance except in accordance with Drugs and Cosmetics Rules, 1945 Provided that sale, purchase, consumption or use of a psychotropic ....
The accused must prove that dealing in psychotropic substances meets legal standards for medical or scientific use, including adherence to licensing requirements, as outlined in the N.D.P.S. Act.
The court applied the principles governing quashing of FIRs and held that it would be premature to quash the FIR at this stage, and the cognizance of the offence is yet to be taken by the Trial Court....
The main legal point established in the judgment is the interplay between the NDPS Act and the Drugs and Cosmetics Act, and the implications of violating the Drugs and Cosmetics Rules in cases relate....
Psychotropic Substance - Quantity of codiene based syrup have illegally been stored in shop/godown - It is not permissible in law to quash notice/summon which has been issued to petitioners for purpo....
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