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 Case Digest


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Drugs and Cosmetics Act, 1940
Section 18(c)-Prohibition of manufacture and Sale of Certain drugs
Section 18(c)-Prohibition of manufacture and Sale of Certain drugs
The penal provisions of the Act do not contemplate keeping of drugs for personal use. - The penal provisions of the Act do not contemplate keeping of drugs for personal use. In order to sustain a conviction under the Act, it must not only be proved that the accused has kept the medicines without licence, but it must also be proved that they have been kept for selling the same.
Mohan Nair, Petitioner V. State, Respondent, Cri. Rev.C.No.810 of 1983, and C.R.P.No.793 of 1983, decided on 25/4/86, Madras High Court, Swamikkannu, J., 1987 (I) FAC 23
Section 18(c)-Prohibition of manufacture and Sale of Certain drugs
The possession simpliciter not punishable under Section 18 read with Section 27 of the Act. - Before a person is liable for prosecution or conviction under Section 27(a)(i) and (ii) read with Section 18(c) of the Act, it must be proved by prosecution affirmatively that he was manufacturing the drugs for sale or was selling the same or had stocked or exhibited the articles for sale. The possession simpliciter of the articles does not appear to be punishable under any of the provisions of the Act.
Moh. Shabbir, Appellant V. State of Maharashtra, Respondent, Cri. Appeal No.103 of 1973, decided on17/1/1979, Supreme Court, S. Murtaza Fazal Ali and A.D. Koshal, JJ., 1979 CRI. L.J. 466: AIR 1979 SC
Section 18(c)-Prohibition of manufacture and Sale of Certain drugs
The term 'stock' means 'to keep' and includes keeping or carrying on one's person. Storing in a place not necessary to prove that drugs are 'stocked' for sale. - Held - The plain meaning of 'stock' is 'to keep' and it is not necessary that the drug should be 'stored' in a place in order that it can be said to have been 'stocked' for sale. The large quantity of 95,000 capsules found in possession of the appellant leaves no doubt that he had stocked or kept the drugs for sale. It could not have been meant for his personal use.
Sk. Amir, Appellant V. The State of Maharashtra, Respondent, Criminal Appeal No. 149 of 1970, decided on 9/1/1974, Supreme Court M.H. Beg and Y.V.. Chandrachud., JJ., 1974 CRI. L.J. 459 (V-80, C166)
Section 18(c)-Prohibition of manufacture and Sale of Certain drugs
The intention of legislature was to penalise the stocking or exhibiting of goods of sub standard quality only if they were meant for sale - From the words in sub-clause(a) of Section 18 it is seen that a person can be convicted under the provisions of this section only if the stocking or exhibiting is for the purpose of sale. The intention of legislature was to penalise the stocking or exhibiting of goods of sub standard quality only if they were meant for sale. Mere stocking unless it is for the purpose of sale does not amount to an offence within the meaning of Section 18 of the Drugs and Cosmetics Act, 1940.
Dharam Deo Gupta, Applicant V. State, Respondent, Cri. Rev. No. 14 of 1956 decided on 27th March 1958, All. High Court ( Lucknow Bench), A.N.Mulla., J.,1979 FAC-6-183:AIR1958All1865 : 1958 CRI. L.J.

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