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Bombay High Court Quashes Criminal Complaint in Drugs and Cosmetics Act Case Due to Violation of Statutory Right Under Section 25(4) — Delay in Filing Complaint After Expiry of Shelf Life Deprives Accused of Right to Get Sample Tested from Central Drugs Laboratory.

The petitioners, a pharmaceutical company and its directors/employees, were accused in a criminal complaint filed by the Drug Inspector under the Drug...

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Bombay High Court Quashes License Suspension in Drugs and Cosmetics Act Case — Procedural Violation in Inspection and Appeal. Failure to Provide Inspection Report and Opportunity of Hearing Renders Suspension Order Unsustainable Under Rule 66(2) of Drugs and Cosmetics Rules, 1945.

The petitioner, M/s. Raj Pharma, a partnership firm holding a valid drug license under the Drugs and Cosmetics Act, 1940 and Rules, 1945, challenged t...

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Bombay High Court Dismisses State Appeal in Drugs and Cosmetics Act Case Due to Procedural Lapses. Acquittal of partners and manufacturing chemist upheld as prosecution failed to establish manufacturing link and compliance with sampling rules.

The State of Maharashtra appealed against the acquittal of four respondents (Laxmichand Nagaji Jain, Jeetendra Nagaji Jain, Chaburao Sampatrao Nagre, ...

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Bombay High Court Allows Writ Petition Challenging MPSC's Refusal to Appoint Candidates as Drug Inspectors Due to Lack of Pharmacy Qualification. Court holds that B.Sc. in Chemistry is a valid qualification for the post of Drug Inspector under the Drugs and Cosmetics Act, 1940 and Rules, 1945.

The petitioners, eleven individuals holding B.Sc. degrees in Chemistry, applied for the post of Drug Inspector pursuant to an advertisement issued by ...

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Bombay High Court Quashes Criminal Proceedings Against Sleeping Partner and Employees in Drugs Case for Lack of Specific Allegations. Vicarious Liability Cannot Be Imposed Without Showing That Accused Was In Charge of Business Under Section 34 of Drugs and Cosmetics Act, 1940.

The Bombay High Court dealt with an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Criminal Case No....

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Bombay High Court Allows Writ Petition Challenging Denial of Drug Licence Based on Previous Licensee's Misconduct. Licensing Authority Must Consider Applicant's Own Suitability Under Drugs and Cosmetics Act, 1940 and Rules, 1945.

The petitioner, Namdev Genba Parthe, through M/s. Kulswami Medical & General Stores, applied for a retail drug licence from premises at 188, Ambedkar ...

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Bombay High Court Quashes Criminal Complaint Against Marketer in Weights and Measures Case — Manufacturer Already Convicted and Fined for Non-Declaration of Retail Sale Price Under Packaged Commodities Rules, 1977.

The applicants, Colgate Palmolive India Ltd. and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeki...

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Bombay High Court Upholds Validity of Rule 106-B of Drugs and Cosmetics Rules, 1945 Restricting Alcohol Content in Homoeopathic Medicines. The Court held that the rule is intra vires the Drugs and Cosmetics Act, 1940 and not violative of Article 14 or Article 19(1)(g) of the Constitution.

The Petitioner, Shrikrishna Homeo Pharmacy, a partnership firm registered under the Indian Partnership Act, 1932, carries on the business of manufactu...