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Sec 18 and 18A of the Drugs and Cosmetics Act, 1940
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Section 18(c) - Prohibits the sale, stock, or exhibit for sale of drugs or cosmetics without proper licensing. Violations typically attract penalties, especially if done intentionally or with knowledge of illegality Munish Kumar VS State Of Haryana - Punjab and Haryana, State Of Bihar VS Sitaram Sahu - Patna, S. Selvam VS State Rep. by The Drugs Inspector, Tirunelveli - Madras.
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Section 18(a)(ii) - Addresses the possession of drugs or cosmetics without proper license, emphasizing that mere possession does not automatically imply contravention unless accompanied by sale or stock violations State Of Bihar VS Sitaram Sahu - Patna, S. Selvam VS State Rep. by The Drugs Inspector, Tirunelveli - Madras.
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Section 18A - Focuses on the sale or distribution of drugs or cosmetics in contravention of the Act, with courts holding that due diligence by retailers (like sourcing from licensed manufacturers) can be a defense against liability J.VINODH vs THE STATE OF TAMIL NADU REPRESENTED BY - Madras.
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Legal interpretations:
- Possession alone, without evidence of sale or stock, may not constitute an offence under Sections 18(a) and 18(c) V. Loganathan VS State by Drug Inspector, Chengalput Range. , Kancheepuram - Madras, S. Selvam VS State Rep. by The Drugs Inspector, Tirunelveli - Madras.
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The courts have clarified that suspicion or mere possession does not automatically lead to prosecution unless it can be proved that the person knowingly violated licensing requirements K. Bala Nageswara Rao VS State - Andhra Pradesh.
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Related Sections:
- Section 27 and Section 27A deal with licensing and the responsibilities of license holders, with courts emphasizing the importance of proper licensing for lawful sale and possession BHARATKUMAR AMRATLAL SHAH VS STATE - Gujarat, STATE OF GUJARAT VS VINAY VITHALDAS SHAH - Gujarat.
- Section 28 pertains to penalties and procedures for offences under Sections 18 and 27, with special procedures outlined for offences involving large quantities or narcotics BHARATKUMAR AMRATLAL SHAH VS STATE - Gujarat.
Main Points & Insights:
- Violations under Sections 18 and 18A primarily concern unauthorized sale, stock, or possession of drugs or cosmetics.
- Mere possession does not automatically imply offence unless linked with sale, stock, or failure to possess proper license.
- Due diligence and sourcing from licensed manufacturers serve as defenses.
- Courts have consistently held that suspicion alone is insufficient; proof of knowledge or intent is necessary for conviction.
References:
- Munish Kumar VS State Of Haryana - Punjab and Haryana, K. Bala Nageswara Rao VS State - Andhra Pradesh, State Of Bihar VS Sitaram Sahu - Patna, J.VINODH vs THE STATE OF TAMIL NADU REPRESENTED BY - Madras, S. Selvam VS State Rep. by The Drugs Inspector, Tirunelveli - Madras, V. Loganathan VS State by Drug Inspector, Chengalput Range. , Kancheepuram - Madras, STATE OF GUJARAT VS BOMBAY NOVELTY - Gujarat, STATE OF GUJARAT VS VINAY VITHALDAS SHAH - Gujarat, Lovely Medicose, Kot Kaimra VS State Of Punjab - Punjab and Haryana, BHARATKUMAR AMRATLAL SHAH VS STATE - Gujarat
Search Results for "Sec 18 and 18 a Vi Drugs and Cosmetics Act"
2004 0 Supreme(P&H) 5 • India - Punjab and Haryana
SATISH KUMAR MITTAL
Sec.482 - Quashing of complaint under Drugs and Cosmetics Act - Sec.18 (c) read with Sections 61 and 18 (a) (i) - Drugs and Cosmetics ... Sections 61 and 18 (a) (i) of the Drugs and Cosmetics Act, 1940, and the orders passed by the lower courts. ... Act, 1940 - Summary Fact of the Case: The petitioners sought quashing of a complaint filed unde....
1985 0 Supreme(AP) 87 • India - Andhra Pradesh
LAKSHMI NARAYANA REDDY
The Drugs & Cosmetics Act, 1940 Sec.27(a)(ii) and 18-C - Drugs & Cosmetics Rules, 1945 Rule 65 (18) - No amount of suspicion would ... . 18-C read with Rule 65(18) and Sec. 27(a)(ii) of the Drugs & Cosmetics Act, 1940. ... Therefore, Sec 18-C is not attracted in the case of A2.
1964 0 Supreme(Pat) 86 • India - Patna
G.N.PRASAD
DRUGS AND COSMETICS ACT, 1940 - SEC. 18(A)(II), 18(C), 27 - MISBRANDED DRUGS - SALE WITHOUT LICENSE - NOTIFICATION APPOINTING ... of Sec.18 (a) (ii) of the Drugs Act (23 of 1940) and for doing so without license in contravention of Sec.18 (c) of the Act read ... .1 of the Drugs Act appointing the date when Ch....
2024 Supreme(Online)(MAD) 442 • India - High Court of Madras
T.V.THAMILSELVI, J
of the Drugs and Cosmetics Act. ... Drugs - Criminal Procedure - Drugs and Cosmetics Act - Sections 18, 19 - The court ruled that a retailer must prove due diligence ... in acquiring drugs from licensed manufacturers to avoid liability under the Drugs and Cosmetics Act. ... .18-A of Drugs and Cosmetics Act, 1....
2011 0 Supreme(Mad) 2524 • India - Madras
G.M.AKBAR ALI
DRUGS AND COSMETICS ACT, 1940 - SECTIONS 18(c) and 27(b)(ii) - Drug Inspector has found from petitioner stocks of various drugs which ... of process of law or intended with harassment - Therefore it is held that mere possession will not attract an offence under the Act ... have contravened Sec.18(a) and 18(C) of the Drugs and Cosmetics Act read with 27and 28 of the said #HL_START....
1991 0 Supreme(Mad) 785 • India - Madras
SWAMIDURAI
Drugs and Cosmetics Act, 1940- Sections 18(a), (c), 27 and 28 -Possession of drugs or cosmetics does not mean that they were stocked ... have contravened Sec.18(a) and 18(c) of the Drugs and Cosmetics Act read with 27 and 28 of the said Act. ... That was a case decided for violation of Sec.18(c) punishable under Sec#....
1995 0 Supreme(Guj) 28 • India - Gujarat
J.N.BHATT
Drugs and Cosmetics Act, 1940 - Secs. 18(1)(i), 18(c) & 27A and Criminal Procedure Code, 1973 - Sec. 377 - Sentence - Enhancement ... The respondents were tried in the trial Court in the aforesaid criminal case for the offence punishable under Secs. 18 (1) (i) and 18 (c) of the Drugs and Cosmetics Act, 1940 (act for short ). ... Section 18 of the Act#H....
1976 0 Supreme(Guj) 73 • India - Gujarat
M.P.THAKKAR
Drugs and Cosmetics Act, 1940 - Sections 27, 18, 17 and 19 - recording the evidence - employment on account ... . (3) of sec. 19 which provides that a person not being the manufacturer of a drug of cosmetic or his agent for the distribution ... acting in a bona fide manner he could have discharged the onus resting on him and could have established his defence under sub-sec ... The learned trial Magistrate accepted his plea of guilty and convicted the respondent for o....
1996 0 Supreme(P&H) 645 • India - Punjab and Haryana
V.K.JHANJI
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SEC. 21, 22 - DRUGS AND COSMETICS ACT, 1940 - SEC. 18 - QUASHING OF PROCEEDINGS ... , 1985 (1985 Act) and Sec.18 of the Drugs and Cosmetics Act, 1940 (1940 Act) for allegedly storing a large quantity of drugs-narcotics ... HELD LIABLE UNDER SEC. #HL_START....
2002 0 Supreme(Guj) 206 • India - Gujarat
C.K.BUCH
Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940) — Secs. 27, 27(a) read with Secs. 18(a)(i), 18(a)(vi), 18(c) and also Secs ... with Sec. 36 of the Act provides for special procedure and powers the Magistrate to try offence under Sec. 27(a) and impose such ... . 28 & 28(a) — Criminal Procedure Code, 1973 (Central Act 2 of 1974) — Secs. 25, 26, 29 & 209 — Complaint by Drug Inspector for ... ....
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