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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...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Medical Practitioner Under Drugs and Cosmetics Act, 1940 Due to Exemption Under Schedule K of Drugs and Cosmetics Rules, 1945. Registered Medical Practitioner Found with Small Quantity of Medicines for Patient Treatment Was Not Stocking for Sale Under Section 18(c) of Drugs and Cosmetics Act, 1940.

15 Mar 2023

The Supreme Court considered an appeal by a registered medical practitioner challenging criminal proceedings initiated against her under the Drugs and...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Pharmaceutical Company and Directors in Drugs and Cosmetics Act Case — Sample Not Drawn in Accordance with Rules. Failure to Follow Sampling Procedure Under Rule 46 of Drugs and Cosmetics Rules, 1945 Renders Prosecution Unsustainable.

22 Sep 2022

The petitioners, M/s Emcure Pharmaceuticals Ltd (a drug manufacturing company) and its Managing Director and Director, filed a petition under Section ...

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 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 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 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.

17 Jul 2017

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

High Court

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.

5 Dec 2006

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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