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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Varun Singh S/o Vikash Singh @ Vikas Singh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition seeks quashing of drugs/ndps cognizance order. (Para 1 , 2 , 3 , 4) |
| 2. codeine syrup exempt from ndps per dcgi circular. (Para 5) |
| 3. commercial codeine quantity; statute overrides circular; info offence. (Para 6) |
| 4. timely non-furnishing info completes drugs act offence. (Para 7) |
| 5. license violation allegation triable, not quashing ground. (Para 8) |
| 6. ndps applicability factual for trial court. (Para 9 , 10) |
| 7. no merit; petition dismissed, stay vacated. (Para 11 , 12 , 13) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with the prayer to quash and set aside the entire criminal proceeding in connection with Drugs and Cosmetics Case No.07 of 2022 including the order taking cognizance dated 12.04.2022 passed by learned Additional Judicial Commissioner-II-cum-Spl. Judge, Drug and Cosmetics, Ranchi whereby and where under learned Additional Judicial Commissioner-II-cum-Spl. Judge, Drug and Cosmetics, Ranchi has found prima facie case for the offences punishable under Sections 18B, 18(c), 28A & 27(d) of the Drugs and Cosmetics A
Failure to furnish information under Drugs and Cosmetics Act within stipulated time constitutes offence under Section 28A r/w 18B, even post-subsequent compliance. License violation and commercial co....
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 ....
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....
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.
The court ruled FIRs valid under narcotics laws due to evidence of drug trade violations, establishing sufficient grounds for investigation under multiple legal acts.
The possession of cough syrup containing Codeine Phosphate falls within the purview of the NDPS Act and is covered as an essential narcotic drug under Section 9(1)(a)(va) of the NDPS Act. The entire ....
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 main legal point established in the judgment is the necessity of the chemical analysis report to establish the presence and quantity of narcotics in seized substances, the relevance of the Drugs ....
The conviction under the Drugs and Cosmetics Act requires proof of sale or stocking of drugs without a valid license, and procedural compliance in investigations is crucial for upholding such convict....
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