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D. NAGARJUN
Pfizer Limited – Appellant
Versus
State of Telangana – Respondent
ORDER :
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure for quash of the proceedings against the petitioners-accused Nos.1 and 2 in C.C.No.658 of 2018 on the file of learned X Additional Chief Metropolitan Magistrate at Secunderabad, cognizance of which was taken for the offence under Section 8 read with Section 3 (d) appended with S.No.19 of Schedule punishable under Section 7 (a) of the Drugs and Magic Remedies (Objectionable Advertisement) Act (herein after will be referred as “the Act” in short.
2. The facts in brief as can be seen from the record available before this Court as per the Drug Inspector, Secunderabad Zone – Sales (FAC), Drugs Control Administration, Vengalraonagar, Hyderabad, are as under:
The main legal point established is the validity of prosecution initiated by the Drugs Inspector under the Special Act and the need for regulation of online advertisements of drugs and medicinal tabl....
Conviction under drug regulation provisions requires proving non-compliance, highlighting the importance of disclosing the manufacturer's details for legal protection.
The main legal point established in the judgment is that the inherent powers of the High Court should be exercised sparingly and with caution, and that the complaint disclosed a cognizable offence un....
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 need for specific allegations to establish vicarious liability and the importance of following mandatory provisions before launching prosecutio....
The central legal point established in the judgment is the importance of adhering to the prescribed limitation period for filing a complaint under the Drugs and Cosmetics Act, 1940, and the consequen....
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