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 Case Digest


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Drugs and Cosmetics Act, 1940
Sections 27 (c), 27 (d)—No public Analyst was examined
Sections 27 (c), 27 (d)—No public Analyst was examined
No notification was also produced th show that the person concerned, who visited the premises of the petitioners, had the required authority by virtue of notification issued appointing him as a public anlyst and drugs inspector - Conviction and sentence under—appeal against—the complainant visited the concern of A-1 of which A-2 happens to be the proprietor and found that A-2 had stocked and was exhibiting Boroline antiseptic cream—sample sent for analysis—found substandard—complaint filed-- No public Analyst was examined-- No notification was also produced th show that the person concerned , who visited the premises of the petitioners, had the required authority by virtue of notification issued appointing him as a public anlyst and drugs inspector—documents produced on record showed that the petitioners possessed the required licence. Yet, the trial court held that no licence was possessed by the petitioners—the very contents of the sanction order reveal total non-application of mind. Neither the sections of the Act which are contravened nor the offences attracted against the petitioners are mentioned in the sanction order—conviction and sentence orders of the petitioners set aside—appeal allowed—acquittal on benefit of doubt.
M/s Sanjeevini Medical & General Stores and another vs. State of Karnataka, Karnataka High Court, Drugs Cases 2011(2) 18

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