Case Note & Summary
The Supreme Court quashed criminal proceedings against Appellant and its officials for alleged violations under the Drugs and Cosmetics Act, 1940, related to record-keeping. The Appellants challenged the High Court's order dismissing their petition to quash the complaint. The prosecution sanction only cited record-keeping issues under Schedule-M and Schedule-U, without claims of drug quality violations. The court declined to quash the proceedings
Headnote
Criminal Law-- Code of criminal Procedure, 1973- Sections 482 and 468 -- Drugs and cosmetics Act, 1940-- Sections 27(d),18(a)(vi) and 28-A-- Rules- Rule 74, 22(1)(cca) and 18-B-- Inspection of firm of appellant-- Non maintenance of requisite record-- Inadeuate details regarding the entry of drug received-- Inspection report-- Tamper with record-- Contravention of section 18(a)(vi) and 18-B of Act-- Sanction for prosecution-- Criminal complaint-- Ld. Magistrate took cognizance-- Summons issued to appellant-- Contention raised to time bar cognizance taken, raised by appellant in view of provision of punishment-- Petition for quashing of proceedings filed before high court-- Dismissal of petition-- Aggrieved-- Challenged-- Contention of the appellant that the complaint filed after a period of two and a half years where as limitation is maximum period of one year as per section 468 of CRPC-- Provision of punishment of imprisonment for a term not less than one year but may extend to two years as per section 27(d) of Act, 1940-- As per Section 468 of CRPC complaint can be filed within a period of 3 years - Complaint in question filed within time limit-- Justification in dismissal of petition u/s 482 of CRPC by high court-- Appeal Dismissed Para-- 27, 28, 33
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Issue of Consideration: The Issue of Consideration was whether the criminal proceedings against the Appellants for alleged contraventions under the Drugs and Cosmetics Act, 1940, should be quashed due to procedural irregularities, lack of substantive offence, and violations of statutory provisions
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Final Decision
The Supreme Court allowed the Appeal, quashed the criminal proceedings against the Appellants, and set aside the High Court's order
