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SANJAY KUMAR DWIVEDI
Krishna Nand Shastri @ K. N. Shastri – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. details of the criminal proceedings against the petitioners. (Para 1 , 2 , 3) |
| 2. arguments regarding the lack of allegations against the petitioners. (Para 4 , 5 , 6) |
| 3. court's analysis of the legal requirements under section 202 cr.p.c. (Para 7 , 8 , 9) |
| 4. conclusion quashing the criminal proceedings. (Para 10 , 11 , 12) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Pandey Neeraj Rai, the learned counsel appearing on behalf of the petitioners and Ms. Kumari Rashmi, the learned counsel appearing on behalf of the respondent-State.
2. This petition has been filed for quashing of the entire criminal proceeding in connection with G.O.C.R. No. 61 of 2013, T.R. No. 879 of 2014 including order taking cognizance dated 15.07.2013 pending in the court of learned Chief Judicial Magistrate, Deoghar.
3. The complaint case has been lodged alleging therein, in nutshell, that On 02.03.2011 the then Inspector of Drugs inspected premises of M/s. Bajpai Medicals, Deoghar and the Inspector issued Form-16 on Ciproplus BWS, 100 mg manufactured by M/s. Intercorp Biotech, New Delhi and as per the composition mentioned on the label ciprofloxacin hydrochloride-100 mg is present in 1 gm of the
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 ....
Manufacturing bleaching powder not intended for medicinal use is exempt from licensing under the Drugs and Cosmetics Act, 1940.
Distributors of drugs are not liable for quality issues if they prove acquisition from a licensed manufacturer and proper storage, as per Section 19(3) of the Drugs and Cosmetics Act.
Vicarious liability of directors in criminal cases and the requirement for proper recording of materials for taking cognizance under the Drugs and Cosmetics Act.
Non-compliance with inspection procedures under the Drugs and Cosmetics Act, 1940 is not fatal for prosecution in cases involving allegations of spurious drugs.
Right of appellant to have sample analysed in Central Laboratory is a valuable right.
The main legal point established in the judgment is the importance of considering the law and facts of the case before taking cognizance of an alleged offence under the Drugs and Cosmetics Act, 1940.
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