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Search Results for "Drug Controller"

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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...

High Court

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.

15 Dec 2025

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

High Court

High Court of Bombay at Goa Dismisses State's Petition in Drugs and Cosmetics Act Case — Magistrate's Refusal to Send Sample to Central Drugs Laboratory Without Notice to Manufacturer Upheld. The court held that the right of the accused under Section 25(4) of the Drugs and Cosmetics Act, 1940, to have the sample tested at the Central Drugs Laboratory is a valuable right and cannot be defeated by the prosecution's failure to comply with procedural requirements.

4 Dec 2025

The State of Goa, through the Assistant Drug Controller, filed a criminal writ petition challenging the order of the Judicial Magistrate First Class, ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Drug Manufacturer in NSQ Case Due to Prejudicial Delay in Testing. Delay of 20 Months in Analysis of Drug Sample Violated Right to Challenge Government Analyst's Report Under Section 25(3) of Drugs and Cosmetics Act, 1940.

30 Aug 2024

The criminal petition under Section 482 of the Code of Criminal Procedure, 1973, was filed by M/s Zim Laboratories Ltd. and its officers (the manufact...

Supreme Court

Supreme Court Dismisses Appeals by Heinz India and GSK, Classifies Nycil Prickly Heat Powder as Medicated Talcum Powder Under Sales Tax Acts. Product Held Not to Be Medicine Despite Medicinal Properties Due to Specific Statutory Entries Including Medicated Talcum Powder Under Entry 127 of KGST Act and Toilet Powder Under Entry 1(iii) of TNGST Act.

4 May 2023

The Supreme Court dealt with appeals concerning the classification of Nycil Prickly Heat Powder under the Kerala General Sales Tax Act, 1963 (KGST Act...

Supreme Court

Supreme Court Upholds Appointees in Drug Inspector Selection Case, Reversing High Court's Quashing of Appointments. The Court found no arbitrariness or illegality in the recast eligibility criteria, selection committee composition, or viva-voce marks allocation under the Jammu and Kashmir Subordinate Services Recruitment Rules, 1992, and reinstated the 2009 appointments.

28 Mar 2023

The dispute arose from the selection process conducted on 8 September 2009 for appointing drug inspectors in Jammu and Kashmir, resulting in the appoi...

Supreme Court

Supreme Court Sets Aside Division Bench Order Allowing Biosimilar Launch Without Biosimilarity Claim — Remands to High Court for Fresh Consideration of Interim Relief in Drug Regulatory Dispute

17 Dec 2019

The Supreme Court of India heard an appeal against an interim order of the Delhi High Court Division Bench dated 18.09.2019. The dispute involved M/s ...

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

Bombay High Court Quashes Process Issued Against Drug Manufacturers in Complaint Under Drugs and Cosmetics Act — Lack of Sanction and Invalid Complaint. Complaint filed by Drugs Inspector without prior sanction of the Drug Controller under Section 32 of the Drugs and Cosmetics Act, 1940, and without proper investigation, held to be invalid and liable to be quashed.

29 Oct 2018

The petitioners, AFD Laboratories Pvt. Ltd., M/s. Angle French Drugs & Industries Ltd., and their directors, filed two criminal writ petitions under S...

High Court

Bombay High Court Dismisses Bayer's Challenge to Compulsory License for Nexavar Under Section 84 of Patents Act, 1970. Court Holds That Patentee's Import of Drug at High Price Does Not Satisfy Reasonable Requirements of Public or Constitute Working of Invention in India.

15 Jul 2014

The petitioner, Bayer Corporation, a US-based pharmaceutical company, held a patent for the drug Sorafenib Tosylate, sold under the brand name Nexavar...

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