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Drugs and Cosmetics Act, 1940
Sections 18(c) read with section 27(b)(ii) - complaint under
Sections 18(c) read with section 27(b)(ii) - complaint under
Whether the goods seized were Ayurvedic Drugs can only be decided in the trial and the threshold interference by the High Court is not called for - Allegation was that the three accused persons were manufacturing and selling and storing DXN Ganocelium (GL) and DXN Rishi and (RG) capsules, which are drugs within the definition of Section 3(b) of the Act, without a manufacturing licence. In the complaint M/s. Deshsan Trading (India) Pvt. Ltd. represented by Abdul Rahmath Puvarasar Abdulla, Director and Abdul Rahmath Pavarsan Abdulla and Orison J Francis, Branch Manager were arrayed as accused persons Nos. 1 to 3. A petition under Section 482 of the Code of Criminal Procedure, 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) - and 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 interference by the High Court is not called for. Additionally it was submitted that the undisputed position being that the respondents did not possess a licence, the High Court could not have interfered. 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. The High Court, therefore, was not justified in quashing the proceedings. This is a 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 (2) Drugs Cases (DC) 365

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