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 Case Digest


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Drugs and Cosmetics Act, 1940
Sections 18, 18 (a)(i) read with Section 17B(d)-sections 21 and 32-jurisdiction to launch prosecution under Section 32 of the Act
Sections 18, 18 (a)(i) read with Section 17B(d)-sections 21 and 32-jurisdiction to launch prosecution under Section 32 of the Act
The Inspector appointed under Chapter IV is competent to launch prosecution for the aforesaid sections against the accused. - Jurisdiction to launch prosecution under Section 32 of the Act for alleged offences said to have been committed under this Act in connection with manufacture and sale of Ayurvedic drugs Ozomen capsules and Ozomen forte-appeal is directed against the order passed by learned single Judge of the Andhra Pradesh High Court in a batch of petitions under Section 482 of the Code of Criminal Procedure whereby the learned Single Judge has held that the Drugs Inspector appointed under Section 21 of the Drugs & Cosmetics Act, 1940 had no jurisdiction to launch prosecution-the Inspector of Drugs inspected some of the business premises of these respondents where Ozomen capsules and Ozomen Forte were available for sale. He took the samples and after taking the samples he sent the same to the Government Analyst, Hyderabad for analysis. The Government Analyst submitted his report declaring that Ozomen capsules under different batches contained 45.2 mg of Sildenafil Citrate per capsule. The persons from whom the samples were taken were called upon to disclose the name of manufacturer and on disclosure of the name of manufacturer, prosecution was launched against the respondents for contravention of Sections 18, 18 (a)(i) read with Section 17B(d) of the Act namely, prohibition on manufacture and sale of certain drugs and cosmetics which are misbranded, spurious and substituted wholly or in part by another drug or substance and the Central Government Prohibited manufacturer etc. of the drugs and cosmetics in public interest under notification issued under Section 26-A, vide notification No. GSR 577 (E) dated 23.7.1983 punishable under Sections 27(b)(ii), 27(c), 27(d) and 28-B of the Act�the Sildenafil Citrate is a new drug and it is patent and propriety medicine-the very fact of selling this drug as one of the ingredients in the Ozomen capsule and not displaying the name in the prescribed manner in the drugs will also constitute an offence under Section 18(a), (b) & (c) punishable under Section 27 (b)(ii). The submission of learned counsel for the appellants is justified-the view taken by learned Single Judge of the High Court is not correct and the High Court should not have proceeded to quash the whole proceedings under Section 482 of the Code of Criminal Procedure when serious issue were involved in the matter. Appeal allowed, held that the Inspector appointed under Chapter IV is competent to launch prosecution for the aforesaid sections against the accused.
Drugs Inspector & another vs. Fizikem Laboratories Pvt. Ltd. & another, Supreme Court of India, 2008 Drugs Cases (DC) 149

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