Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Some judgments note that even if a complaint is filed, the order of cognizance must be supported by cogent reasons, and courts should apply judicial scrutiny before proceeding ["M/S LUPIN LIMITED vs UNION OF INDIA THROUGH DRUGS INSPECTOR CENTRAL DRUGS STANDARD CONTROL ORGANISATION (CDSCO) NORTH ZONE - Delhi"].
Analysis and Conclusion:
References:- ["M/S GAUTAM GAMBHIR FOUNDATION & ORS. Vs STATE OF NCT OF DELHI THROUGH DRUGS CONTROL DEPARTMENT - Delhi"]- ["Virendra Kumar Goel vs State of U.P. - Allahabad"]- ["JAIRAM SAHU vs CHANDULAL CHANDRAKAR MEMORIAL HOSPITAL & ANR. - Consumer National"]- ["Dr. Majgi Rajesh Kumar vs The State of Telangana - Telangana"]- ["Dr. Pal Mahendra vs State of Telangana - Telangana"]- ["Shamantha Bohini vs The State of Telangana Through Alwal P.S. Cyberabad - Telangana"]- ["M/S LUPIN LIMITED vs UNION OF INDIA THROUGH DRUGS INSPECTOR CENTRAL DRUGS STANDARD CONTROL ORGANISATION (CDSCO) NORTH ZONE - Delhi"]
Imagine discovering medicines without proper billing in a clinic, leading to a complaint under the Drugs and Cosmetics Act in 2016—only for the magistrate court to take cognizance in 2025. Is such a prolonged delay fatal to the prosecution? This scenario raises critical questions about exemptions, limitation periods, and procedural fairness under Indian law. In this post, we break down the legal principles, drawing from key jurisprudence to help you understand potential defenses and outcomes.
Whether you're a medical practitioner, clinic owner, or facing similar charges, here's a comprehensive analysis. Note: This is general information based on legal precedents and not specific advice—consult a lawyer for your case.
The query revolves around the drug cosemtic act (Drugs and Cosmetics Act, 1940)—medicines or cosmetics found without billing, a complaint filed in 2016, but cognizance taken by the magistrate court only in 2025. Typically, this triggers concerns over unlicensed sale or storage under Sections 18, 27, etc. However, exemptions and procedural delays can shift the tide. S. ATHILAKSHMI VS STATE REP. BY THE DRUGS INSPECTOR - 2023 2 Supreme 664
Courts often scrutinize whether medicines in a doctor's clinic imply commercial sale or qualify for exemptions. Mere presence without evidence of sale may not constitute an offense, especially during emergencies like the corona period. Md. Sarfaraz VS State of Bihar - 2024 Supreme(Pat) 410 If some medicines have been found in clinic of doctor that is not an offence – There is no evidence on record to show that medicines were for the purposes of sale by doctor. Md. Sarfaraz VS State of Bihar - 2024 Supreme(Pat) 410
The law generally exempts medicines supplied by registered medical practitioners for clinical or personal use from stringent provisions. Under Schedule K and Rule 123 of the Drugs and Cosmetics Rules, 1945, small quantities for examination or personal use escape full regulatory restrictions. S. ATHILAKSHMI VS STATE REP. BY THE DRUGS INSPECTOR - 2023 2 Supreme 664 Medicines supplied by registered medical practitioners for personal or emergency use are often protected under the Drugs and Cosmetics Act. S. ATHILAKSHMI VS STATE REP. BY THE DRUGS INSPECTOR - 2023 2 Supreme 664
Moreover, delays in taking cognizance—here, nearly a decade—can invalidate proceedings. Principles restrict prosecution timelines; unreasonable delays violate statutory limits and natural justice, often leading to quashing under Section 482 CrPC. Bharat Damodar Kale VS State Of A. P. - 2003 7 Supreme 736 Delay in taking cognizance, especially over several years, can amount to abuse of process and may justify quashing the case. Bharat Damodar Kale VS State Of A. P. - 2003 7 Supreme 736
Registered doctors supplying medicines for personal use aren't typically liable if not for commercial sale. The exemption under Schedule K... indicates that medicines supplied in small quantities for examination or personal use are not subject to the same regulatory restrictions. S. ATHILAKSHMI VS STATE REP. BY THE DRUGS INSPECTOR - 2023 2 Supreme 664
In one case, drugs under Schedule K were held exempt from Chapter IV provisions, leading to quashing of proceedings. The drugs manufactured by the petitioner fall under Schedule K of the Drugs and Cosmetics Rule, 1945 and are exempted from the provisions of Chapter IV. Curetech Formulations Private Limited VS State of Jharkhand - 2023 Supreme(Jhk) 729
Billing absence alone doesn't prove sale—sales summary sheets or hospital billing may not indicate unlicensed distribution. JAIRAM SAHU vs CHANDULAL CHANDRAKAR MEMORIAL HOSPITAL & ANR. It was found that the medicines in all the bills are as listed and the purchase bill of expiry date is not there.
Prosecution initiation is time-bound. The period for initiating prosecution (cognizance) after a complaint is filed is governed by law, and delays beyond statutory limits can invalidate proceedings. Bharat Damodar Kale VS State Of A. P. - 2003 7 Supreme 736
A 2016 complaint with 2025 cognizance screams abuse of process. Courts quash where magistrates act mechanically without applying mind. TTK Healthcare Limited, Son of Shri S. Narasimhan, through authorised representative Mr. N Kannan, S/o. Shri S. Narasimhan vs State of Bihar - 2024 Supreme(Online)(Pat) 3756 The Court below, without application of mind, took cognizance... mechanical orders reflecting no application of mind are liable to be set aside.
Even premature complaints are tolerable if cognizance follows cause of action accrual, but excessive post-complaint delays aren't. Bapulal VS Kripachand Jain If cognizance has been taken after arising of cause of action, there is no illegality... but the Court may not take cognizance till the time cause of action arises.
In business disputes misframed as criminal (e.g., product approvals), vague complaints without specific allegations warrant quashing. TTK Healthcare Limited, Son of Shri S. Narasimhan, through authorised representative Mr. N Kannan, S/o. Shri S. Narasimhan vs State of Bihar - 2024 Supreme(Online)(Pat) 3756 A complaint must contain specific allegations against individuals to warrant criminal proceedings; vague and unsupported accusations represent civil disputes.
Doctor's Clinic Raids: During COVID, doctors advising via video with medicines in clinic faced charges, but quashed for lack of sale evidence. Police has rightly found that no offence has been committed by petitioner who is a well qualified Doctor. Md. Sarfaraz VS State of Bihar - 2024 Supreme(Pat) 410
Substandard Drugs: Dealers escape if no improper storage proven; burden on prosecution. Neena Gupta VS UT of Ladakh - 2022 Supreme(J&K) 322 Proceedings quashed for lack of specific roles.
Company Liability: Representatives liable only with prima facie proof; companies must be arrayed sometimes. Rajeev Mukul VS State through Drugs Inspector Zone VI - 2017 Supreme(J&K) 13
No Mechanical Cognizance: Vague financial loss claims (e.g., unapproved sales) are civil, not criminal. TTK Healthcare Limited, Son of Shri S. Narasimhan, through authorised representative Mr. N Kannan, S/o. Shri S. Narasimhan vs State of Bihar - 2024 Supreme(Online)(Pat) 3756
These precedents reinforce: delay + exemptions = strong quashing grounds.
Valid prosecution needs proper sample collection/analysis under Section 23. Non-compliance weakens cases, though not always fatal for spurious drugs. Khushi Ram Agarwal, son of Jaikishan Lal Agarwal VS State of Jharkhand - 2023 Supreme(Jhk) 1056
Scrutinize if billing absence was a sales summary, not proof of unlicensed sale. Jairam Sahu VS Chandulal Chandrakar Memorial Hospital The form enclosed by the complainant is a sales summary sheet. A billing summary sheet is submitted by a hospital for billing work.
In summary, this 2016-2025 gap, combined with potential exemptions, typically favors quashing—subject to facts. Always seek professional legal counsel, as outcomes vary.
References:1. S. ATHILAKSHMI VS STATE REP. BY THE DRUGS INSPECTOR - 2023 2 Supreme 664: Exemptions under Schedule K.2. Bharat Damodar Kale VS State Of A. P. - 2003 7 Supreme 736: Delay and limitation jurisprudence.3. Other cases as cited inline.
#DrugsCosmeticsAct, #DelayQuashing, #LegalExemptions
The criminal Complaint was filed based on the enquiry, and the designated court has rightly taken cognizance and summoned the accused after finding a prima facie case. Submissions heard and record perused. 20. The history of humanity is marked by devastating outbreaks and pestilences. ... * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 29th August, 2025 Pronounced on: 21st November, 2025 + CRL....
The Drug Inspector has relied upon the reports submitted by the manufacturer without any analysis of the samples taken from the manufacturer of the same batch of the medicines. ... Act 47 of 1975 and within the cognizance of this court; and secondly, that you being the proprietor of M/s Arogya Medical store on 3.1.1976 stocked and exhibited for sale the drugs Chloroquin 160 tablets 250 Mg. ... At your shop Arogya Medical Store, 90/2 Chhipi Tank, Begum Bridge Road, Me....
Learned Senior Counsel further submitted that the Complainant recorded two enquiry witness in support of her complaint and the Court below, without application of mind, took cognizance of the offences punishable under Sections 406 and 420 of Indian Penal Code, 1860 against all the accused persons and ... as held by the Hon'ble Supreme Court in the case of Ravindranatha Bajpe v. ... The present application has been filed for quashing/setting aside the Impugned Order dated 24.05.2018 pas....
; and secondly, on the part of the Court in taking cognizance of the complaint on 4th March, 2015 though the same was filed on 28th November, 2012. ... It is next submitted that had the inspector taken the drug for the test or analysis, certainly, it was incumbent upon such drug inspector to comply with the procedure as envisaged in Section 23 of the Drugs and Cosmetics Act, hence, in the facts of this case, the judgments relied upon by the learned .....
In relation to the above on inspection of the institution it is found that the form enclosed by the complainant is a sales summary sheet. A billing summary sheet is submitted by a hospital for billing work and is released by the Accounts department. ... It was found that the medicines in all the bills are as listed and the purchase bill of expiry date is not there. (Photocopy enclosed). Therefore, on checking the sale and purchase bill it seems patient Smt. Poornima Devi was not given m....
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. ... Hence, the complaint suffers from manifest error. In this respect, the learned counsel for the petitioner relies upon the judgment of the Hon’ble Supreme Court of the India in the case o....
Drugs and Cosmetics Act , 1940,6 which is applicable only if some substance is mixed with the drug so as to reduce its quality or strength. The report relied upon, which found the drug “Not of Standard Quality,” was based solely on the disintegration test. ... J602589, manufactured in August 2016 with expiration in July 2020) was found “Not of Standard Quality” as per the report dated 22nd February, 2018. ... It is also urged that the summoning order does not disclose any cogent reason....
In relation to the above on inspection of the institution it is found that the form enclosed by the complainant is a sales summary sheet. A billing summary sheet is submitted by a hospital for billing work and is released by the Accounts department. ... It was found that the medicines in all the bills are as listed and the purchase bill of expiry date is not there. (Photocopy enclosed). ... Therefore, on checking the sale and purchase bill it seems patient Smt. Poornima Devi was not given m....
In relation to the above on inspection of the institution it is found that the form enclosed by the complainant is a sales summary sheet. A billing summary sheet is submitted by a hospital for billing work and is released by the Accounts department. ... It is pertinent to note that the petitioner in the complaint has taken a plea that the hospital authority on 29.1.2014 suddenly discharged the patient Smt. Purnima Devi although she was not fit for discharge. ... (Photocopy enclosed) All the current ....
, 27(c) of Drugs & Cosmetics Act on the basis of the materials available on records whenever the police after investigation the case submitted the charge-sheet found false case against the Petitioner. under the Special Acts & Drugs & Cosmetic Act, 1940, without following the mandatory provision of Drugs ... Moreover, the impugned order by which cognizance has been taken, it appears that the order has been passed by the learned Special Judge for takin....
From the afore-quoted averments made in the impugned complaint, it is clear that the complainant, after investigation of the case, has found that the manufacturer of the drug in question has breached the provisions of the Act by manufacturing and distributing not of standard quality drug. It is also mentioned in the afore-quoted contents of the impugned complaint that the manufacturer is putting blame on the others for drug quality on the ground that the storage condition of the drug was not proper without there being any notable evidence in this regard.
The title of the complaint case No. 210/01 and the relevant part of the summoning order dated 09.03.2016 are reproduced as under:- "IN THE COURT OF LD. In the matter of: - Mr. Arun Jaitley 2, Keishna Menon Marg, New Delhi ..... Complainant Versus 1. Mr. Arvind Kejriwal, Bunglow No.6, Flag Staff Road, Civil Lines, Delhi-110054...Respondent/Accused No.1 2. Mr. Ashutosh 83B, Block B, Express View Apartments, Sector 105, Noida-201305...Respondent/Accused No.2 3. Mr. Sanjay Singh C/o 28/B, Bodhraj Kohli Marg, East Patel Nagar, New Delhi-110008...Respondent/Accused No.3 4. Mr. Kumar Vishwas 3/1084....
CF1J13002, which on analysis has been found to be not of standard quality. In this case the court of Chief Judicial Magistrate, Srinagar, had taken cognizance on a complaint filed in terms of the Act against the petitioner for being involved in the sale of drug namely Ceftiaxone bearing batch no. In petition no. 242/2016, the complaint filed and the process issued thereupon by the court concerned in terms of the Act supra is challenged on the same ground again that the company has not been arrayed as party in the complaint; therefore, complaint is bad in law. CR1J13003, whi....
A complaint could also be made by a superior court, but the cognizance of offence cannot be taken without a complaint by the court. In order to file a complaint in respect of the offence committed during pendency of the Court proceedings, it is necessary that either the Court should file a complaint under Section 340 Cr. P.C. for trial of the offender for the offences before the appropriate Court and if Court does not file a complaint then the aggrieved person can also file an application under Section 340 Cr. P.C. asking for filing a complaint. However, filing a complaint....
If cognizance has been taken after arising of cause of action, there is no illegality committed by the trial Court and the complaint cannot be dismissed only on this score that the same' was filed before arising of cause of action. The Court may not take cognizance till the time cause of action arises to the complainant. In this case, the Supreme Court has held that without having cause of action, premature complaint can be filed but, cognizance cannot be taken by the concerned Court.
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