Judgment Search Results Home > Cases Phrase: drugs and cosmetics act 1940 23 of 1940 section 13 offences Page 1 of about 2,726 results (0.260 seconds)

Mehta and Company and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 1989CriLJ2165; 1989WLN(UC)409

..... counsel for the petitioners argued that section 34 of the drugs and cosmetics act, 1940, lays down offences committed by the companies. ..... case of state of karnata (supra) was under the drugs and cosmetics act, as are the present revision petitions. ..... partners who were residing outside the place of the business, could not be held responsible for the offence under this act, and it is because of that reason that section 34 says that a person who is incharge of the business on the date when the offence is committed by the company, that partner or the person in charge of the business, is liable to be prosecuted and not other persons who were not in charge of the business who were not working on that ..... sub-section (1) of this section 2 where, an offence under this act, had been committed by any person, who at the time when the offence was committed was in charge and was responsible to the company, for the conduct of the business of the company as well as the company shall be deemed to be guilty of an offence and shall be liable to be proceeded against and punished ..... thus, his argument was that in view of section 34, it is very clear that the persons, who at the time of the commission of the offence, were in charge of the business can only be prosecuted under this act, and the partners who were not in charge of the business, may be partners, and there are circumstances when the partners, may live outside the city, in that case, it would be quite illegal to implead them as accused .....

Pannalal Sunderlal Choksi and ors. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : (2001)1BOMLR349; 2000CriLJ4442; 2000(4)MhLj674

..... if these two sections are carefully read, there is no manner of doubt that the vicarious liability of a person for being prosecuted for an offence committed under the drugs and cosmetics act, 1940, and prevention of food adulteration act, 1954, by a company arises if, at the relevant time, he was in charge of and was also responsible to the company for the conduct of its business. ..... this court has further held that the directors were not liable for being prosecuted under section 34 of the drugs and cosmetics act, 1940, of the alleged offence committed by the company. ..... the supreme court held that vicarious liability of a person for being prosecuted for an offence committed under the drugs and cosmetics act, 1940, by a company arises if at the relevant time he was in charge of and was also responsible to the company for the conduct of its business. ..... according to them, section 34 of the drugs and cosmetics act, 1940, and section 17 of prevention of food adulteration act, 1954, make the directors of the respective companies responsible for manufacture of substandard drug and adulterated food article. ..... the phraseology used in section 34 of the drugs and cosmetics act, 1940, and section 17 of the prevention of food adulteration act, 1954, has a special significance. ..... section 34 of the drugs and cosmetics act, 1940, and section 17 of the prevention of food adulteration act, 1954, are practically identical. .....

K.B. Dadiseth and anr. Vs. J.P. Memorial Centre and ors.

Court : Chhattisgarh

Reported in : 2004(4)MPHT21(CG)

..... 199/2002 for the commission of the offence under section 17c read with section 27a of the drugs and cosmetics act, 1940, before the court of chief judicial magistrate, dantewada have moved this petition under section 482 of the cr.pc being aggrieved by the order dated 15-5-2002 passed by the learned chief judicial magistrate, whereby the learned chief judicial magistrate took cognizance of the offence under section 17c read with section 27a(1) of the drugs and cosmetics act, 1940 against the petitioners as well as respondent ..... argued that section 34 of the drugs and cosmetics act, 1940 envisaged that if any offence is committed by a company in that case every person who at the time the offence was committed, was in-charge of, and was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence under the act. ..... i am of the opinion that the impugned order taking cognizance of the offence punishable under section 17c read with section 27a(1) of the drugs and cosmetics act, 1940 against the petitioners passed by the chief judicial magistrate is perverse and contrary, to law. ..... and until that is brought on record, no officer of a company can be held guilty of the offence under the drugs and cosmetics act, 1940 ..... bathing bar was not included in the list of cosmetics, therefore, proceedings against the petitioners be quashed, as the same being illegal and contrary to the provision of section 34 of the drugs and cosmetics act, 1940.5. .....

Sanjay G. Revankar Vs. State by Drug Inspector, Uttar Kannada District ...

Court : Karnataka

Reported in : 2002CriLJ1353; ILR2002KAR475; 2002(3)KarLJ304

..... in all these cases, the manufacturers of 'fratouch' framacytin sulphate 1% w/w, partners, chemists, analysts and distributors have been arrayed as accused by the state in the individual complaints filed under section 200 of the criminal procedure code inter alia alleging offences in common against all the petitioners of the offence under section 18(a)(i) of the drugs and cosmetics act, 1940 (hereinafter referred to as 'act') for the manufacture, sale and distribution of spurious or sub-standard drugs punishable under section 27(c) and (d) of act as well as for the violation of section 18(a)(vi) read with rule 78(c)(ii) again punishable under ..... (emphasis supplied)it is to be noted that unlike the first information as required under section 154 of the criminal procedure code which need not be elaborate and contain all the history of the case, this complaint under section 200 of the criminal procedure code filed for specific and substantial offences under the independent acts like drugs and cosmetics act. ..... section 18 of the act provides and elaborates certain mandatory requirements, violation of which would amount to offences like prohibition of manufacturing and sale of certain drugs and cosmetics. .....

Mohan Lal and Etc. Vs. the State and ors.

Court : Punjab and Haryana

Reported in : 1989CriLJ1976

..... . it was held therein that the petitioner had satisfied the requirement of section 19(3) of the drugs and cosmetics act, 1940, and, he could not be convicted of the offence under section 18(a) (i), (ii) and (iia) of the said act.7 ..... . the trial magistrate, after examining the prosecution witness, charged him of the offence under section 18(a) (i),(ii), and (iia) of the drugs and cosmetics act, 1940 ..... . reference in this context was made to section 30(3) of the act, which, corresponds to section 19(3) of the drugs and cosmetics act, 1940 ..... . from the very nature of their duties, it can be safely inferred that the said respondents, as managers of the manufacturing companies, would be liable to be prosecuted under sections 3(k)(i), 17, 18 and 33, punishable under section 29 of the act, read with rule 27(5) of the rules, and, the proceedings pending against them in the court of chief judicial magistrate, ferozepore, on the aforesaid complaints, filed by the insecticide inspector, are not liable to be quashed10 ..... proceedings against an accused in the initial stages can be quashed only if on the face of the complaint or the papers accompanying the same, no offence is constituted in other words, the test is that taking the allegations and the complaint as they are, without adding or subtracting anything, if no offence is made out then the high court will be justified in quashing the proceedings in exercise of its powers under section 482 of the code.5. the counsel for the parties were heard.6 .....

Chekka Venkata Chenna Kesava Sudheer S/O Sri. C.C. Kesava Rao Vs. the ...

Court : Andhra Pradesh

Reported in : 2008(1)ALD(Cri)27; 2008(1)ALT(Cri)127

..... section 34(1) of the drugs and cosmetics act, 1940 states thatwhere an offence under this act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if he proves that ..... the above case also arose under the provisions of drugs and cosmetics act and in the light of the principles laid down by the apex court, which were referred to therein, it was found that continuation of proceedings against a-2 and a-3 who were partners of the firm was found to be abuse of process of law and as such the same were held liable to be quashed.12. ..... the offence was committed without his knowledge or that he exercised .....

Ram Chander Vs. P.K. Gupta and anr.

Court : Delhi

Reported in : 99(2002)DLT706

..... that general practice in offences which are cognizab1e under drugs and cosmetics act 1940 by virtue of section 32 of the drugs and cosmetics act is that although fir is registered by police but; since drugs inspector is competent to institute prosecution thereforee report under section 173 cr.p.c. ..... and the case file was handed over to department of drugs, delhi administration on 29.9.86 for submission of complaint/report in the court for trial through drug inspector who is only competent to file the same in the court for trial as per provisions of section 32 of the drugs and cosmetics act 1940. ..... 1) under sections, 18(c) & 18(4)(i) read with sections 27(b)/27(a) & 27(c) of the drugs and cosmetics act, 1940 (for short 'the act'). 2. ..... that the articles seized from him were entrusted to him by one madan lal; that the petitioner was neither the manufacturer of the drugs nor his agent for distribution thereof; that under section 18a of the act, he was only required to disclose the name and address and other particulars of the person who had given the drug, and that having been done no offence is made out against the petitioner even if assuming the allegations are to be true.5. ..... there was before the learned presidency magistrate a complaint by an inspector under the drugs act charging the appellant with having committed offences under sections 18(a)(i), 18(a)(iii) and 18(c) of the drugs act. .....

Merind Limited Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2006CriLJ3548,2006(2)ShimLC176

..... -section (1) of section 34 of the drugs and cosmetics act, 1940 reads thus:(1) where an offence under this act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act ..... on a very short and limited question of law, this petition under section 482 of the criminal procedure code is being allowed in favour of the petitioner-accused with respect to and arising out of the criminal proceedings launched against him (alongwith some other accused persons) under section 18 (a) (i) of 'the drugs and cosmetics act, 1940 read with section 34 of the said act.2. ..... if he proves that the offence was committed without his knowledge or that he exercised .....

Chief Inspector Vs. C.D.Ramachandran

Court : Kerala

..... of november, 2013 judgment the state is the appellant since by the judgment dated 20/9/2001 in s.t.no.227 of 1999 of the court of the judicial first class magistrate court-i, haripad, the accused who faced prosecution for the offence punishable under section 32 of the drugs and cosmetics act 1940 for offence under section 18(a)(1) of the act, is acquitted under section 255(1) of cr.p.c.2. ..... thus it is found that the prosecution has failed to prove that the accused has committed the offence punishable under section 18(a)(1) read with 27(d) of drugs and cosmetics act or any other offence crl.a.no.455 of 2002 :-3-: and accordingly the accused is acquitted under section 255(1) of cr.p.c. ..... the prosecution case is that, on 21/10/1997 the drugs inspector, kollam, who is also an inspector appointed under section 21 of the act, took sample of the expectorant manufactured and sold by the accused, from m/s.western pharma xvii, 18 kollam as per the procedural laid down in section 23 of the act and on chemical analysis it is declared that the sample as not of standard quality as per certificate of analysis and therefore the accused has committed the above offence. .....

S.B. Ganguly Alias Satya Brata Ganguly Vs. State of Bihar and anr.

Court : Patna

..... in this application under section 482 of the code of criminal procedure the petitioner has prayed for quashing the entire criminal proceeding including the order taking cognizance dated 9.4.90 for an offence under section 27 of the drugs and cosmetics act, 1940.2. ..... ghosh from sinha pharmacy was produced by him in the court and from a perusal of records and said bottles the learned chief judicial magistrate was, prima facie, satisfied that a case under section 27 of the drugs and cosmetics act, 1940 (the act) is made out against the accused person and thus cognizance under section 27 of the act was taken.3. mr. ..... similarly, powers of search and seizure has been given to him under clause (c) of sub-section (1) of section 22 of the act which reads as follows:(c) at all reasonable times, with such assistance, if any, as he considers necessary:(i) search any person, who, he has reason to believe, has secreted about his person, any drug or cosmetic has been, or is being, committed, or. ..... thereafter, one portion of container will be sent to the government analyst forthwith for test and analysis and the second portion will be produced before the court before which proceedings, if any, are instituted in respect of that drug or cosmetic and the third will be sent to the person whose name and address and other particulars have been disclosed under section 18a.15. .....