Manufacturer Entitled To Receive One Sample Of Seized Goods U/S 23(4) Of Drugs & Cosmetics Act: Rajasthan High Court
2 years, 7 months ago

Manufacturer Entitled To Receive One Sample Of Seized Goods U/S 23(4) Of Drugs & Cosmetics Act: Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that Section 18A of Drugs and Cosmetics Act, 1940 requires disclosure of name of manufacturer also and not only of the stockists and thus, he is entitled to receive one portion sample of seized drugs in terms of Section 23 of the Act. Justice Birendra Kumar, while allowing the petition and quashing the orders passed by both the lower courts, observed, "A bare perusal of the provisions of Section 23 above, would make it clear that one part of the sample shall be sent to the person, whose name and address has been disclosed under Section 18A as manufacturer. The court opined that from the perusal of Drugs Inspector's notice, it is clear that under Section 18A name of the petitioner was disclosed as manufacturer. Therefore, the law under Section 23 read with Section 18A of the Act, requires that the petitioner should be provided with one set of the sample of the Drugs, he argued.

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History of this topic

Drugs & Cosmetics Act | No Prosecution For Seeking Information U/S 18-A When It Is Already Available With Drug Inspector: J&K High Court
5 months ago

Drugs & Cosmetics Act | No Prosecution For Seeking Information U/S 18-A When It Is Already Available With Drug Inspector: J&K High Court

Live Law  

Quashing a criminal complaint under Section 18-A of the Drugs & Cosmetics Act the Jammu and Kashmir and Ladakh High Court has observed that once the information required under the Section is already available with the Drug Inspector, demanding the same from the non manufacturer/ agent becomes redundant, thereby rendering prosecution legally untenable. On account of availability of the information …

Only Prima Facie Satisfaction Required U/s 124(1)(ii) Of Trademarks Act, Court Not Required To Access Sufficiency Of Evidence: Rajasthan High Court
7 months ago

Only Prima Facie Satisfaction Required U/s 124(1)(ii) Of Trademarks Act, Court Not Required To Access Sufficiency Of Evidence: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Vinit Kumar Mathur held that the court is only required to prima facie under Section 124 of the Trademarks Act, 1999 to satisfy itself with respect to the pleadings taken in the written statement to the effect that the trademark of the plaintiff is invalid. Section 124 states: "If no such proceedings are …

Adulterated Sanitizers: Punjab & Haryana High Court Refuses Pre-Arrest Bail To Accused, Says ‘Played With Lives Of People For Their Personal Gain’
1 year, 5 months ago

Adulterated Sanitizers: Punjab & Haryana High Court Refuses Pre-Arrest Bail To Accused, Says ‘Played With Lives Of People For Their Personal Gain’

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to two persons who are alleged to have been involved in manufacturing, sale and distributing hand sanitizer, which was found to be not of standard quality by a Government Analyst. Justice Moudgil noted that the petitioners were partners of the firm that manufactured the hand sanitizers and it …

S.18 Drugs & Cosmetics Act | Jurisdiction To Try Offence Of Manufacturing Sub-Standard Drug Lies Where Sale Is Completed: Telangana High Court
2 years, 4 months ago

S.18 Drugs & Cosmetics Act | Jurisdiction To Try Offence Of Manufacturing Sub-Standard Drug Lies Where Sale Is Completed: Telangana High Court

Live Law  

The Telangana High Court has held that an offence of manufacture of substandard quality of drug can only be tried by the Court in whose jurisdiction the sale has taken place. Brief Facts of the case The State filed an appeal aggrieved by the acquittal of the respondents for the offence of manufacture for sale of drug of substandard quality …

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