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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Fullife Healthcare Private Limited – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
By the Court:- Heard the parties.
2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceeding including the order taking cognizance dated 16.05.2020 passed by learned Additional Judicial Commissioner-II, Ranchi in connection with Drugs & Cosmetics Case No.01 of 2020 in which cognizance of the offence punishable under Sections 27 (b) (ii) and 27 (d) of the Drugs and Cosmetics Act, 1940 was taken, which is now pending in the court of learned Additional Judicial Commissioner-II, Ranchi.
3. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is a manufacturer of Fit Eye Plus Capsule but the petitioner does not have the license for manufacturing of the said drugs which were subsequently sold by the co-accused persons. Hence, it is alleged that the petitioner has inter alia committed the offences punishable under Sections 27 (b) (ii) and 27 (d) of the Drugs and Cosmetics Act, 1940 and the learned Additional Judicial Commissioner-II, Ranchi has taken cognizance of the said offences in
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 ....
Non-compliance with inspection procedures under the Drugs and Cosmetics Act, 1940 is not fatal for prosecution in cases involving allegations of spurious drugs.
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 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....
Manufacturing bleaching powder not intended for medicinal use is exempt from licensing under the Drugs and Cosmetics Act, 1940.
Sildenafil Citrate is an allopathic drug and it cannot be used by anybody else unless a person who holds licence for it.
Possession of drugs without proper licensing constitutes a contravention of the Drugs and Cosmetics Act, justifying seizure and requiring trial for legality.
Complaint for spurious drugs not quashable under CrPC 482 if allegations prima facie disclose offence; Magistrate takes cognizance of Chapter IV Drugs Act cases for committal to Sessions; manufacture....
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