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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V. Venugopal
R. Prabhakar Reddy – Appellant
Versus
State of Telangana – Respondent
ORDER :
E.V. Venugopal, J.
Since the petitioners in these Criminal Petitions are accused in P.R.C.No.4 of 2014 on the file of the learned II Additional Judicial First Class Magistrate, Mancherial, Adilabad District, they are heard together and being disposed of by this common order.
2. These Criminal Petitions are filed under Section 482 of Cr.P.C. seeking to quash the proceedings initiated against the petitioners/accused in PRC.No.4 of 2014 on the file of the learned II Additional Judicial First Class Magistrate, Mancherial, Adilabad District.
3. Heard Sri K.V.Bhanu Prasad, learned Senior Counsel, representing Sri E.Venkata Reddy, learned counsel appearing for the petitioners, as well as Sri Vizarath Ali, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.
4. The brief facts of the case are that accused Nos.1 and 2 have stocked the drugs for sale without holding a valid license in contravention of Section 18 (c) of Drugs and Cosmetics Act, 1940. They have also not produced the purchase bills for some of the drugs seized from them thereby contravening Section 22 (1) (cca) of Drugs and Cosmetics Act, 1940 and, therefore, they are held liable f
Licenses under the Drugs and Cosmetics Act are deemed valid if renewal applications are timely and fees are paid, negating the ground for prosecution.
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 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 ....
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....
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.
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