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 Case Digest


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Criminal Procedure Code, 1973
Section 482-Exercise of power under
Section 482-Exercise of power under
Not a case where threshold interference by exercising power under Section 482 of the Code was called for - Three accused persons manufacturing and selling and storing DXN Ganocelium (GL) and DXN Rishi and (RG) Capsules which are drugs without a manufacturing licence—a petition under Section 482 of the Code of Criminal Procedure Code, 1973 was filed by the accused No. 1 and 3 who are respondents 1 & 2 in the present appeal. Basic stand before the High Court was that the alleged drugs seized belonged to “ Ayurvedic” Category which is dealt with under Section 3 (a) whereas the “Allopathy drugs” are defined under Section 3 (b)—stand of the present appellant before the High Court was that whether the goods seized were Ayurvedic Drugs can only be decided in the trial and the threshold inference by the High Court is not called for—the mere fact that the licence was granted subsequently is of no consequence—a licence was required for dealing with the drugs. The mere fact that the application for licence was filed, did not entitle the respondent to manufacture and / or to sell the concerned drugs—not a case where threshold interference by exercising power under Section 482 of the Code was called for.
State of Kerala vs. Orison J. Francis and another, Supreme Court of India, 2008 Drugs Cases (DC) 365

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