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High Court

Bombay High Court Quashes Committal Order in Drugs Case for Lack of Jurisdiction — Magistrate Exceeded Powers by Committing Case Triable by Magistrate to Sessions Court Without Sanction Under Section 32 of Drugs and Cosmetics Act, 1940. The court held that the offence under Section 27(d) of the Drugs and Cosmetics Act, 1940 is triable by a Magistrate and cannot be committed to Sessions Court under Section 209 CrPC, and the prosecution was invalid without prior sanction under Section 32 of the Act.

19 Dec 2025

The petitioners, Mukut Bihari Goyal, Manohar Lal Sharma, and M/s Smilax Pharmaceuticals, challenged an order dated 16.10.2019 passed by the Judicial M...

High Court

Bombay High Court Allows Drug Manufacturers in Challenge to Suspension of Licenses for Alleged Spurious Drugs. Suspension order set aside for violation of natural justice as no show-cause notice was issued before suspension under the Drugs and Cosmetics Act, 1940.

22 Sep 2025

The petitioners, National Pharmaceuticals and AVEO Pharmaceuticals Pvt Ltd, are drug manufacturing companies holding licenses to manufacture drugs at ...

High Court

Bombay High Court Quashes Criminal Case Against Psychiatrist Under Drugs and Cosmetics Act — Exemption Under Rule 123 and Schedule K Applies to Registered Medical Practitioners Supplying Medicines to Own Patients. The court held that a registered medical practitioner who examines a patient and supplies medicines from a duly accounted stock is exempt from licensing requirements under Section 18(c) of the Drugs and Cosmetics Act, 1940, and the order issuing process without reasons was bad in law.

22 Jul 2024

The petitioner, a registered medical practitioner and psychiatrist, filed an application under Section 482 of the Code of Criminal Procedure, 1973, se...

Supreme Court

Supreme Court Allows Assessee's Appeal in VAT Classification Dispute — Mosquito Repellants, Insect Killers, Cleaners, and Antiseptic Liquid Classified Under Respective Entries at 4% VAT Rate. Products like Mortein Mosquito Coil, Mat, Liquid Vaporizer, Mortein Insect Killer, Harpic, Lizol, and Dettol Antiseptic Liquid are held to be classifiable under specific entries of Kerala VAT Act, 2003, attracting 4% tax, not higher residuary rate.

10 Apr 2023

The present appeal arises from a judgment of the Kerala High Court which dismissed the assessee's appeal and upheld the Commissioner's classification ...

Supreme Court

Supreme Court Allows Appeal of State of Andhra Pradesh in VAT Classification Dispute. Medical Oxygen IP and Nitrous Oxide IP Held Taxable as Drugs Under Entry 88 of Andhra Pradesh VAT Act at Lower Rate.

1 Jan 2020

The Supreme Court dismissed the appeals filed by the State of Andhra Pradesh challenging the classification of Medical Oxygen IP and Nitrous Oxide IP ...

Supreme Court

Supreme Court Allows UPSC Appeal in Drug Inspector Recruitment Eligibility Dispute — Experience Certificate Lacks Specificity and Timeliness. The Court held that the candidate failed to produce contemporaneous evidence of 18 months' experience in testing Schedule C drugs as required under the Drugs and Cosmetics Rules, 1945.

26 Aug 2019

The Supreme Court allowed the appeal filed by the Union Public Service Commission (UPSC) against the judgment of the High Court which had affirmed the...

High Court

Bombay High Court Quashes FIR in Drugs and Cosmetics Act Case Due to Lack of Territorial Jurisdiction. Petitioner's Premises in Jaipur Raided by Rajasthan Authorities, FIR Registered in Aurangabad Without Sanction Under Section 155 CrPC.

2 May 2019

The petitioner, Avadhesh Mukutbihari Sharma, a resident of Jaipur, Rajasthan, filed a Criminal Writ Petition under Articles 226 and 227 of the Constit...

High Court

Bombay High Court Quashes Criminal Proceedings Against Medical Practitioner in Drugs and Cosmetics Act Case — Lack of Sanction Under Section 32 Renders Prosecution Invalid. Failure to Obtain Prior Sanction from the State Government or Authorized Authority Before Taking Cognizance of Offences Under Section 18(c) Read with Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940, Makes the Entire Proceedings Void Ab Initio.

20 Dec 2017

The applicant, Dr. Dilip Pundalik Patil, a medical practitioner, was arraigned as accused No.2 in Regular Criminal Case No.116 of 2013 pending before ...

High Court

Bombay High Court Quashes Criminal Proceedings in Drugs and Cosmetics Act Case — Lack of Sanction Under Section 32A Renders Prosecution Invalid. Failure to Obtain Mandatory Previous Sanction from State Government or Authorized Authority Before Filing Complaint Under Section 32 of Drugs and Cosmetics Act, 1940 Makes Entire Proceedings Void Ab Initio.

10 Oct 2016

The petitioner, Rajendra s/o Madhav Pate, was the original accused in Summary Criminal Case No. 671 of 2014 pending before the Judicial Magistrate Fir...

High Court

Bombay High Court Quashes Suspension of Chemist's Licence for Substandard Drugs — Petitioner Furnished Manufacturer Details and Discontinued Sale, No Lack of Diligence Established Under Section 34 of Drugs and Cosmetics Act, 1940.

20 Jan 2006

The petitioner, Kedarnath Saraf, was a licensed chemist and druggist under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945. ...

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