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 Case Digest


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Drugs and Cosmetics Act, 1940
Section 18(c) r/w Section 27(a)(ii)
Section 18(c) r/w Section 27(a)(ii)
After insertion of the words ‘offer for sale’ in Section 18 by amendment in 1982,earlier decision in Mohd. Shabir V.State of Maharashtra, 1979 Drug Cases 1, is distinguished and considered not applicable. - ltimately the manner of keeping or exhibiting them in a shop would assume relevance and importance to see if they were really offered for sale. We have considered the facts of the case in the light of meaning that could be attributed to the words ‘offer for sale’, namely that whether such articles are displayed in a shop so as to make a customer know that they were available for purchase. As this element in the facts of the case is not proved, we find no grounds to interfere with the Judgment of the trial Court.
State of Karnataka, Appellant V. M/s. Kannika Stores and others, Respondents, Cri. A. No. 615 of 1988, decided on 9-12-1992, Karnataka High Court, D. I. Hiremath and L. Sreenivasa Reddy, JJ., 1993 Dr
Section 18(c) r/w Section 27(a)(ii)
When drugs are found in a chemist shop having business of retailing in drugs, only inference is they were stocked for sale regardless of whether they are in a cupboard or in kerosene tin. - Sending a bogus customer or to produce counterfoils of bills, etc. not necessary. It would be carrying the burden of proof too far. - Where the accused is a Chemist and where his business is of retailing in drugs and where substandard drugs are found in shop, regardless of whether they are in a cupboard or in kerosene tin, there can be no other inference except that they were stocked for sale.
State of Maharashtra, Appellant V. Jethmal Himatlal Jain and another, Respondents, Criminal Appeal No.249 of 1985, decided on 25/3/1994, Bombay High Court, M.F. Saldanha J., 1994 CRI. L.J. 2613.
Section 18(c) r/w Section 27(a)(ii)
The evidence of large scale possession of drugs was beyond any doubt capable of no other explanation excepting that the drugs had been stocked for the purpose of sale - The learned Magistrate grievously misconstrued the evidence because the evidence of large scale possession of drugs was beyond any doubt capable of no other explanation excepting that the drugs had been stocked for the purpose of sale.
State, Appellant V. Puran Lal Ahuja, Respondent, Criminal Appeal NO.64 of 1984, decided on 29/8/1985, Delhi High Court, Rajinder Sachar, C.J. and Malik Sharief-Ud-Din, J., 1986 CRI.L.J. 1715
Section 18(c) r/w Section 27(a)(ii)
Circumstances make it clear that stock was for sale and not for personal use - Circumstances make it clear that stock was for sale and not for personal use. We therefore, uphold the conviction of the accused.
State of Maharashtra,Appellant V. Hasmukhrai Fulchand Shah, Respondent, Cri. Appeal No. 146/1976, decided on 31/8/1977, Bombay High Court, Deshmukh and Agarwal, JJ, 1988 (1) FAC 98
Section 18(c) r/w Section 27(a)(ii)
Mere suspicious circumstances not sufficient to establish charge under Section Contentions on behalf of appellant - Though the circumstances are sufficiently suspicious in nature, we are unable to hold that the prosecution has succeeded in establishing the charge under Section 18(c) r/w Section 27(a)(ii) of Act.
Dr. Sanat kumar Basu, Appellant V. State of West Bengal, Opposite Party, Cri. A. No. 228 and Cri. Rev. No. 1920 of 1979 decided on 4/10/83, Calcutta High Court, B.C. Chakarabarti and I.N. Chudhari JJ

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