Search Results for "misbranded drugs"

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Search Results for "misbranded drugs"

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High Court

Madras High Court Quashes Criminal Proceedings Against Pharmacy Company and Directors in Drugs and Cosmetics Act Case — Lack of Sanction Under Section 32A Bars Prosecution. Cognizance Taken Without Valid Sanction from Central Government Under Section 32A of Drugs and Cosmetics Act, 1940 is Void Ab Initio.

9 Apr 2026

The judgment pertains to two criminal original petitions filed by M/s. Dharma Pharmacy Pvt. Ltd. and its directors, V. Dharmalingam and Mageswari Dhar...

High Court

High Court Quashes Criminal Prosecution in Drugs & Cosmetics Act Case Due to Procedural Violations and Non-Compliance with Statutory Mandates. Prosecution was invalidated because of inordinate delay in sample testing, failure to dispatch sample portion to manufacturer depriving retesting right, and improper cognizance by Special Judge without committal under Section 193 CrPC, under Section 27(d) of Drugs & Cosmetics Act, 1940.

24 Mar 2026

The High Court of Judicature at Bombay, in its criminal appellate jurisdiction, adjudicated a writ petition under Article 227 of the Constitution of I...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Respondents Under Drugs and Cosmetics Act Due to Lack of Mandatory Enquiry Under Section 202 CrPC -- Misbranding Allegations Fail on Jurisdictional Grounds

26 Feb 2026

The Supreme Court addressed criminal appeals arising from a complaint under the Drugs and Cosmetics Act, 1940, alleging misbranding of a vaccine by th...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Drugs and Cosmetics Act Case for Lack of Sanction and Misjoinder of Parties. The court held that sanction under Section 32 of the Drugs and Cosmetics Act, 1940 is mandatory and its absence, along with misjoinder of parties and charges, warrants quashing of proceedings under Section 482 CrPC.

19 May 2022

The petitioners, including individuals and companies involved in the manufacture and sale of drugs, filed petitions under Section 482 CrPC to quash cr...

Supreme Court

Supreme Court Quashes Indefinite Blacklisting Order for Misbranded Veterinary Medicine — Show Cause Notice Lacked Specific Warning of Blacklisting and Appellant Was Not the Direct Supplier. The Court held that an indefinite blacklisting order without proper notice and without the appellant being a direct supplier is void ab initio and cannot be sustained.

11 Dec 2020

The appellant, Vetindia Pharmaceuticals Limited, a licensed drug manufacturer, was blacklisted indefinitely by the State of Uttar Pradesh on 08.09.200...

Supreme Court

Supreme Court Allows Appeal in Misbranded Food Case Due to Denial of Right to Re-test Sample Under Section 13(2) of Prevention of Food Adulteration Act, 1954. The court held that the right to get a sample analysed by the Central Food Laboratory applies to misbranded food articles and denial of this right due to prosecution's negligence vitiates proceedings.

29 Nov 2019

The appeal arose from a judgment of the High Court of Madhya Pradesh dismissing the appellant's application under Section 482 CrPC for quashing an ord...

Supreme Court

Supreme Court Upholds Quashing of Notification Restricting Oxytocin Manufacture to Public Sector. Notification under Section 26A of Drugs and Cosmetics Act, 1940 held invalid for being arbitrary and disproportionate to the objective of curbing misuse.

22 Aug 2019

The case involves a challenge to a notification issued by the Ministry of Health and Family Welfare under Section 26A of the Drugs and Cosmetics Act, ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Pharmaceutical Company and Directors in Drugs and Cosmetics Act Case — Lack of Sanction and Vicarious Liability Not Established. The court held that the complaint filed without proper sanction under Section 32 of the Drugs and Cosmetics Act, 1940, and without specific allegations against directors under Section 34, is liable to be quashed under Section 482 CrPC.

26 Sep 2018

The present petition was filed by Lundbeck India Private Limited (accused No.1), its Managing Director Sri Mammen Mathew (accused No.2), and General M...

High Court

Bombay High Court Quashes Criminal Proceedings Against Mehandi Manufacturer for Lack of Sanction Under Section 32 of Drugs and Cosmetics Act, 1940. Sanction order found to be cyclostyled proforma without application of mind, rendering prosecution invalid.

28 Sep 2016

The applicants, Chutararam and Jetharam Gehlot, were the proprietors of 'Prem Mehandi Center', a small manufacturer of henna/mehandi powder and cone p...

High Court

Bombay High Court Upholds Ban on Gutka and Pan Masala Containing Tobacco or Nicotine Under Food Safety and Standards Act, 2006 — Manufacturers' Challenge Dismissed. The court held that the definition of 'food' under Section 3(1)(j) of the FSS Act includes substances for chewing, and that the ban on food products containing tobacco or nicotine is valid and not ultra vires.

30 Nov -0001

The petitioners, manufacturers and sellers of gutka and pan masala containing tobacco or nicotine, challenged the validity of the ban imposed by the C...

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