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Drugs and Cosmetics Act, 1940
Section 27 (b)(ii)-conviction under -the petitioner has been unable to disclose the source of acquisition of allopathic drugs mentioned in seizure memo
Section 27 (b)(ii)-conviction under -the petitioner has been unable to disclose the source of acquisition of allopathic drugs mentioned in seizure memo
When there was no misbranding of the drugs and even the time had not expired of the medicines, along with the fact that petitioner has suffered more than 23 years of protracted trial, it is sufficient to reduce the sentence of the petitioner to already undergone while maintaining the sentence of fine. - The petitioner was also found in possession of one BP Apparatus, one stethoscope, one 5cc and one 2cc syringes with five Needles along with a copy of one patient register-petitioner failed to produce any valid drug sale licence or certificate of registered medical practitioner-failure on the part of the petitioner to disclose the source from where these drugs were acquired, especially when there was no misbranding of the drugs and even the time had not expired of the medicines, along with the fact that petitioner has suffered more than 23 years of protracted trial, it is sufficient to reduce the sentence of the petitioner to already undergone while maintaining the sentence of fine.
Hem Raj vs. State of Punjab, Punjab and Haryana High Court, 2008 (2) Drugs Cases (DC) 359

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