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HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA
Virendra Kumar Goel – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. basics of the case and evidential background (Para 2 , 3 , 4 , 5 , 7 , 8 , 9) |
| 2. communication and assertions about medicines (Para 10 , 11 , 12) |
| 3. appellant's defense and evidence (Para 14 , 15 , 16 , 17 , 18) |
| 4. arguments from both sides (Para 19 , 25) |
| 5. court's analysis of responsibilities and liabilities (Para 20 , 21 , 22 , 26 , 27 , 28 , 29) |
| 6. conclusions on evidentiary sufficiency (Para 30 , 31) |
| 7. final judgment and order (Para 32 , 33 , 34) |
JUDGMENT
ANISH KUMAR GUPTA, J.
1. Heard Shri Hari Keshav, learned counsel for the appellant and Shri Pankaj Srivastava, learned AGA alongwith Smt. Harshita Rani, learned AGA for the State.
2. The instant criminal appeal has been filed by the appellant herein being aggrieved by judgement and order dated 09.02.1984, whereby the appellant herein was convicted for the offence under Section 27 (a)(ii) and 27(b) of the Drugs and Cosmetics Act, 1940 and he was sentenced to undergo three years rigorous imprisonment and fine of Rs. 6,000/-. In default of payment of fine he was directed to undergo three years further rigorous imprisonment.
3. The brief facts of the case are that the appellant was the proprietor of the Arogya Store and
The court established that a licensed dealer is not liable for substandard products purchased from another licensed dealer, provided the source is properly disclosed.
Quash of Criminal proceedings - once it is shown that the right of accused to adduce evidence in controversion of the Government Analyst’s report is defeated due to acts and omission of the Drugs Ins....
Timely analysis and proper handling of drug samples are crucial; delays and procedural violations invalidate prosecution cases.
Seizure of sub-standard quality of drug – When report of Government Analyst itself is shrouded in serious suspicion and it is not sure as to whether report of Government Analyst relates to sample lif....
Non-compliance with inspection procedures under the Drugs and Cosmetics Act, 1940 is not fatal for prosecution in cases involving allegations of spurious drugs.
Non-compliance with statutory provisions and resignation of the accused from the company absolved him of liability, leading to the quashing of the proceedings.
The judgment establishes that the failure of the prosecution to adhere to statutory requirements, particularly regarding the right to contest the Government Analyst's report, can lead to the quashing....
The court's decision emphasized the importance of considering the actual quality of the product, the timing of the launch of prosecution, and the availability of administrative measures for minor def....
The main legal point established in the judgment is that the prosecution for manufacturing drugs not of standard quality may not be launched if the product is free from any foreign matter and the def....
The prosecution of drug quality violations is unsustainable when testing delays invalidate the accused's rights to challenge the results, highlighting the need for timely compliance under the Drugs a....
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