Case Note & Summary
The petitioners, including a pharmaceutical company and its directors/employees, challenged the criminal proceedings initiated against them in Spl.CC.No.243/2015 pending before the Principal City Civil and Sessions Judge at Bengaluru. The proceedings were for alleged violation of Sections 18(a)(i) and 17B(d) punishable under Sections 27(c) and 27(d) of the Drugs and Cosmetics Act, 1940. The first petitioner company manufactured a drug named Zoxil CV Dry Syrup. The Drugs Inspector visited a drug shop and allegedly found violations. The petitioners sought quashing of the proceedings under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C. The main legal issue was whether the prosecution could proceed without valid sanction under Section 32 of the Drugs and Cosmetics Act, 1940. The petitioners argued that no sanction was obtained before filing the complaint, which is mandatory. The respondent State opposed the petition. The court analyzed the requirement of sanction under Section 32 and held that it is a condition precedent for prosecution. Since no sanction was obtained, the entire prosecution was invalid. The court allowed the petitions and quashed the proceedings in Spl.CC.No.243/2015.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 Cr.P.C. - Drugs and Cosmetics Act, 1940 - Sanction under Section 32 - The court considered whether prosecution for alleged violation of Sections 18(a)(i) and 17B(d) punishable under Sections 27(c) and 27(d) of the Drugs and Cosmetics Act, 1940 could proceed without valid sanction. Held that sanction under Section 32 is a condition precedent and its absence renders the prosecution invalid. (Paras 1-5) B) Drugs and Cosmetics Act - Sanction for Prosecution - Section 32 - Mandatory Requirement - The court examined the requirement of sanction under Section 32 of the Drugs and Cosmetics Act, 1940 for launching prosecution. Held that the prosecution initiated without prior sanction is not maintainable and liable to be quashed. (Paras 3-5)
Issue of Consideration
Whether the criminal proceedings against the petitioners can be quashed for want of valid sanction under Section 32 of the Drugs and Cosmetics Act, 1940?
Final Decision
The court allowed the writ petitions and quashed the proceedings in Spl.CC.No.243/2015 pending on the file of Prl. City Civil & Sessions Judge at Bengaluru.
Law Points
- Sanction under Section 32 of Drugs and Cosmetics Act
- 1940 is mandatory for prosecution
- Quashing of criminal proceedings under Section 482 Cr.P.C.
- Lack of valid sanction vitiates prosecution
