AI Overview...
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Bail under Drugs and Cosmetics Act (D&C Act) - Courts have granted anticipatory and regular bail in cases involving violations of the D&C Act, especially when there is no concrete evidence of adulteration or illegal manufacturing. For instance, bail was granted where the accused claimed false implication or lack of evidence Ramniwas VS State Of Rajasthan - Rajasthan, Vijay Kumar Bharti VS State Of Jharkhand - Jharkhand.
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Bail Denials in Serious Offences - Courts have dismissed bail applications in cases involving serious offences such as possession of spurious or substandard drugs, especially when drugs are found to be unauthorized or in large quantities, or when the offences involve supply to government institutions Maman Chand Jain VS State of H. P. - Himachal Pradesh.
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Factors Influencing Bail Decisions - The gravity of the offence, the nature of the drugs involved (e.g., spurious, substandard, or unauthorized), and the strength of evidence against the accused significantly influence bail rulings. Cases under the NDPS Act or involving counterfeit drugs tend to have stricter bail considerations Sukhjinder Singh VS State Of Rajasthan - Rajasthan, Anuj Kumar Sharma VS State of U. P. - Allahabad.
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Legal Provisions and Procedures - Bail applications are considered under provisions of the Cr.P.C., NDPS Act, and Drugs and Cosmetics Act, with courts balancing the rights of the accused against public interest and the severity of the offence Ramniwas VS State Of Rajasthan - Rajasthan, Rajesh Swaroop @ Anil Patel VS State of U. P. - Allahabad.
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Special Cases - Anticipatory bail has been granted in certain cases where the accused demonstrated lack of evidence or false implication, but denied where the offence involved manufacturing or distribution of narcotics or spurious drugs Maman Chand Jain VS State of H. P. - Himachal Pradesh, Ramniwas VS State Of Rajasthan - Rajasthan.
Analysis and Conclusion:
Bail under the Drugs and Cosmetics Act is granted based on the specifics of each case, considering evidence, the nature of the offence, and legal provisions. While minor or false implication cases often receive bail, serious offences involving large-scale illegal manufacturing, adulteration, or narcotics under the NDPS Act tend to result in bail denial to prevent misuse and uphold law and order Sukhjinder Singh VS State Of Rajasthan - Rajasthan, Maman Chand Jain VS State of H. P. - Himachal Pradesh.
References:
- Ramniwas VS State Of Rajasthan - Rajasthan, Sukhjinder Singh VS State Of Rajasthan - Rajasthan, Maman Chand Jain VS State of H. P. - Himachal Pradesh, Vijay Kumar Bharti VS State Of Jharkhand - Jharkhand, Anuj Kumar Sharma VS State of U. P. - Allahabad, Rajesh Swaroop @ Anil Patel VS State of U. P. - Allahabad
Search Results for "Drugs and Cosmetics Act Bail"
2017 0 Supreme(Raj) 2669 • India - Rajasthan
P.K.LOHRA
the NDPS Act and Drugs and Cosmetics Act. ... NDPS Act, 1985 - Drugs and Cosmetics Act, 1940 - Bail Applications Dismissed Fact of the Case: The petitioners were ... arrested for offences under the NDPS Act and Drugs and Cosmetics Act after being found in possession of narcotic substances and ... On inquiry, when it was revealed that both of them were having no....
2025 0 Supreme(Del) 675 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ARUN MONGA
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 22, 29, 30, and 37 - Drugs and Cosmetics Act, 1940 - Bail ... sought by accused charged under NDPS Act for discrepancies in drug inventory - Applicant, a licensed dealer, claimed wild allegations ... illicit activities - Prosecution's claim focused on the mismatch of drug stock against inventory records - Trial court dismissed bail ... Claiming himself to be falsely implicated, the applicant herei....
2024 0 Supreme(AP) 1436 • India - Andhra Pradesh
T. MALLIKARJUNA RAO
and Cosmetics Act. ... (A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 22, 37, and 80 - Drugs and Cosmetics Act, 1940 - Sections ... They claimed innocence, asserting that the substance should be governed by the Drugs and Cosmetics Act. ... to that of the provisions of the Drugs and Cosmetics Act. ... Rule 64 deals with “Manufacture of psychotropic subst....
2010 0 Supreme(P&H) 3192 • India - Punjab and Haryana
DAYA CHAUDHARY
Schedules G & H--Drugs and Cosmetics Act 1940, Rules 65 & 97--Bail--Petitioner found to be in unauthorized possession of intoxicating ... capsules and injections--Drugs fell within the purview of schedule G and H of the Drugs and Cosmetics Act, provisions of N.D.P.S ... Criminal Procedure Code, 1973, S.439--Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.37 & 8--Drugs and Cosmetics Rules,....
2023 0 Supreme(All) 2203 • India - Allahabad
DEEPAK VERMA
(A) Indian Penal Code - Sections 274, 275, 276, 419, 420 - Trade Marks Act, 1958 - Section 102, 103 - Drugs and Cosmetics Act, 1940 ... ... ... Result: Bail application allowed. ... - Bail application for applicant facing charges of selling duplicate medicines - No evidence of adulteration or independent witness ... Drugs and Cosmetics Act, P.S. ... of above referred is not of standard quality as defined in the Drugs#HL_....
2016 0 Supreme(HP) 632 • India - Himachal Pradesh
DHARAM CHAND CHAUDHARY
Drugs and Cosmetics Act - Anticipatory Bail - Section 27(c), 18(a)(i), 17B, 36AC - Indian Penal Code - Section 420 Fact ... Final Decision: Both the petitions for anticipatory bail were dismissed due to the gravity of the offence and the need for ... The drugs were found to be spurious and were being supplied to government institutions in various states. ... The petitioners are accused in a case registered against them under Section 27(c) read with Sections 18(a)(i), 17B, 36AC of the ....
2017 0 Supreme(Raj) 2667 • India - Rajasthan
PANKAJ BHANDARI
Bail Application - Drugs & Cosmetics Act - The court allowed the anticipatory bail application for the petitioner, directing release ... Issues: The issues involved the alleged false case for offences under the Drugs & Cosmetics Act, and the recovery of allopathy ... & Cosmetic Act, 1940. ... It is contended by the counsel for the petitioner that a false case for the offences of Drugs & #HL_START....
2024 0 Supreme(All) 404 • India - Allahabad
KRISHAN PAHAL
Drugs and Cosmetics Act - Anticipatory Bail - False implication - Supreme Court judgment p align="justify ... mis-branded and substandard drugs. ... to be released on anticipatory bail with specific conditions. ... The present anticipatory bail application has been filed on behalf of the applicant in Case Complaint Case No.03 of 2016, under Section 18(A)(i), 27,28,16,17(C),17(B)(C), 27(B) (ii),27(C),27(D), 18A, 18B, 28A of Drugs and Cosmeti....
2017 0 Supreme(Jhk) 1834 • India - Jharkhand
ANANT BIJAY SINGH
Anticipatory Bail - Drugs and Cosmetics Act, 1940 - The court directed the petitioner to surrender within four weeks and granted ... Fact of the Case: The petitioner sought anticipatory bail in connection with a case under the Drugs and Cosmetics Act ... Middle School in granting anticipatory bail. ... No. 674 of 2016, for the offence under sections 18(c), 27(b) (ii) of Drugs and Cosmetics #HL_S....
2024 Supreme(Online)(MP) 24519 • India - High Court of Madhya Pradesh
SHRI JUSTICE VISHAL DHAGAT, J
Cr.P.C . for grant of regular bail relating to FIR No.1082/2023 registered at Police Station-Kotwali Dindori, District-Dindori (M.P.) for the offence punishable under Section 8/21 of NDPS Act & 18(c) of Drugs and Cosmetics Act. 2. ... Considering the evidence available on record, bail application filed by the applicant is allowed. ... In these circumstances, applicant may be enlarged on bail. 3. Learned Govt. Advocate appearing for the respondent/State opposed the #HL....
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