Court : Orissa
Reported in : 62(1986)CLT307; 1986(II)OLR333
..... the order of acquittal of the respondent passed by the learned judicial magistrate, banpur, for offences punishable under section 27 of the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act') is assailed in this appeal.2. ..... there is yet another charge which is ;'thirdly :-that you, on or about the same day, time and place were found not to be a registered medical practitioner as required under section 2(cc) of the drugs and cosmetic rule read with section 18(a)(vi) of the said act and thereby committed an offence punishable under section 28 of the drugs and cosmetics act and within my cognisance. ..... framed against the respondent as follows :1) for contravention of section 18(c) punishable under section 27(a)(ii) of the act.2) for contravention of section 18(a) punishable under section 27(b) of the act.3) for contravention of section 18(a)(vi) punishable under section 28 of the act.the respondent pleaded riot guilty to the charges and denied that he had stocked the drugs.4 the learned judicial magistrate in the impugned judgment dealt with only the first two charges and found that there was contravention of the provisions of section 100 of the code of criminal procedure ('code' for .....
Tag this Judgment!Court : Orissa
Reported in : 2003CriLJ3627
..... section 34 of the drugs and cosmetics act, 1940 ..... and had shown procurement of paddy from outside districts, taut could hot produce the certificate at the time of inspection and thereby violated the provisions of orissa rice and paddy control order, 1965 (rule-7) as well as the provisions of orissa rice and paddy/procurement (levy) and restrictions on sale and movement order, 1982 and rule 3 of the orissa declaration of stocks and prices of essential commodities order, 1973 and as such committed the offences under sections 7 and 9 of the essential commodities act ..... learned chief judicial magistrate (judge, special court), sambalpur for commission of offences under sections 7 and 9 of the essential commodities act, 1955 for violation of the provisions of orissa rice and paddy control order, 1965, orissa rice and paddy/procurement (levy) and restrictions on sale and movement order, 1982 and orissa declaration of stocks and prices of essential commodities order, 1973.2. ..... available in negotiable instruments act, section 141 of the negotiable instruments act, 1881 is quoted below :--'141, offences by companies -- (1) if the person committing an offence under section 138 is 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 .....
Tag this Judgment!Court : Orissa
Reported in : 1996CriLJ2250; 1996(I)OLR12
..... 27(b)(ii) and 28 of the drugs and cosmetics act, 1940 (in short, 'the act') by the learned judicial magistrate, first class, jaleswar (in short, 'jmfc'), and confirmation thereof by the learned additional sessions judge, balasore is the subject-matter of challenge in this appeal. ..... section 18 deals with prohibition of manufacture and sale of certain drugs and cosmetics. ..... me placed before it by the accused or the materials that are available in the case put forward by the prosecution itself which will be favourable to the accused and determine the probabilities and the circumstances relied on by the accused before upholding the case of the prosecution, in order to sustain a conviction under section 27(b)(ii), it must not only be proved that the accused has kept the medicines without licence, but it must also be proved that they have been ..... in order to attract application of section 18a, a person, who is either the manufacturer of the drug or cosmetic or agent for distribution thereof is required to disclose to the inspector the name and address and other particulars of the person from whom he acquited the articles. ..... in view of the wordings of section 18(c), it must be proved affirmatively that the stocking of the medicine must be for sale stocking of medicine alone is not sufficient to enter conviction for the offence under section 27(a)(2) of the act. ..... conviction for commission of the offences punishable under sections. .....
Tag this Judgment!Court : Orissa
Reported in : 52(1981)CLT558; 1982CriLJ113
..... prosecution to fasten santikicmar with the responsibility for the conduct of the business or that he was in charge of the affairs of the business.the supreme court had also to consider a case of the like nature under the drugs and cosmetics act, 1940 in : 1981crilj595 , (state of karnataka v. ..... the petitioner was not charged being in 'charge of the business and there was no sale of the stock to the food inspector.section 17 of the prevention of food adulteration act existing at the relevant time was as follows:-17 (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. ..... (2) notwithstanding anything contained in sub-section () where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of. ..... or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.sub-section (1) of s- 17 provides that if the offence has been committed by a company, not only the company is deemed to be guilty, but also the person who was in charge and was responsible to tae company for the. .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR93
..... complainant seized 27 items of drugs and documents of the firm and lodged prosecution report against the accused-petitioner for contravention of sections 18(a)(vi) and 18-b of the drugs and cosmetics act, 1940 punishable under sections 27(d) and 28-a of the said act respectively. ..... the records and the provisions of sections 18(a)(vi), 18-b, 27(d) and 28-a of the drugs and cosmetics act, 1940 as well as rule 65 of the drugs and cosmetics rules, ..... in order to make a person liable for conviction under section 27(d) of the drugs and cosmetics act, the prosecution has to affirmatively prove that he manufactured the drugs for sale, or was selling the same or had stocked or exhibited ..... tried the case by his judgment dated 28.11.1995 convicted the accused-petitioner under sections 27(6) and 28-a of the drugs and cosmetics act and for the offence under section 27(d) sentenced him to undergo rigorous imprisonment for one year and to pay a fine of rs. ..... settled principle of law that in order to establish the offence under section 27(d) of the act, it is the duty of the prosecution to prove the above ingredients and the possession simpliciter of the drugs of any quantity whatsoever would not fall within the mischief of section 27 of the act. ..... in default rigorous imprisonment for another month, and for the offence under section 28-a sentenced him to pay a fine of ..... additional government advocate vehemently argues that their are ample materials against the petitioner for commission of the above offence. .....
Tag this Judgment!Court : Orissa
Reported in : 86(1998)CLT239; 1998CriLJ3920
..... case was initiated by the drugs inspector, balasorc range, representing the state of orissa against the present petitioner under sections 27(b)(ii), 28, 28a and 27(d) of the drugs and cosmetics act, 1940 (for short 'the act'). ..... it has been contended that after the incorporation of section 36a in the act by the amending act of 1982, all offences under the act punishable with imprisonment for a term not exceeding three years, other than an offence under clause (b) of sub-section (i) of section 33(1) shall be tried in a summary way by a judicial magistrate, first class, specially empowered in this behalf of the state government or by a matropolitan magistrate and the provision of sections 252 to 255 (both inclusive) of the said code shall as far as may apply to ..... section 36a provides that all offences under the act punishable with imprisonment fora term not exceeding three years, other than an offence under clause (b) of sub-section (1) of section 33(1), shall be tried in a summary way by judicial magistrate of the first class specially empowered in this behalf by the ..... has further been contended that the offences for which charges have been framed ..... trial under warrant procedure, the accused would get enough opportunity to cross-examine the prosecution witnesses at length which is not available in a trial of offences in a summary way. ..... be observed that for sanction to be valid, it must be proved that the sanction was given in respect of the facts constituting the offences charged. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori15; 38(1972)CLT337
..... he accordingly prays that annexures 1 and 2 may be quashed and an injunction may be issued against opposite parties restraining them from enforcing the provisions of the drugs and cosmetics act, 1940, as amended from time to time, (hereinafter to be referred to as the act).in the counter-affidavit filed by the opposite parties it was asserted that dantaghasa gudakhu is a processed product containing tobacco powder, lime, molasses and brick powder flavoured with some essence and it comes within the ambit of cosmetics.2. ..... the press note runs thus:'manufacture for sale of 'dantaghasa gudakhu' which is a cosmetic item for the purpose of the drugs & cosmetics act, 1940 and rules thereunder is required to be covered under a licence issued for the purpose under the said ..... the first question for consideration is whether dantaghasa gudakhu {hereinafter referred to as gudakhu) is a cosmetic which has been defined in section 3(aaa) of the act as follows:' 'cosmetic' means any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic, but docs not include soap. ..... manufacture of cosmetics without a valid licence is an offence punishable with imprisonment for a term which may extend to one year or with fine, which may extend to five hundred rupees or with both .....
Tag this Judgment!Court : Orissa
Reported in : 63(1987)CLT266; 1988CriLJ292
..... 1978 at badambadi, under madhupatna police-station, cutiack, were found to have stored for sale the drugs which were not of standard quality and were stocked in an unlicenced premises in contravention of section 18(a) (i) and (c) of the drugs and cosmetics act, and thereby committed an offence punishable under section 27(a) (i) and (ii) of the drugs and cosmetics act and within my cognizance.both the learned courts below concurrently found that the drugs as per seizure-list (ext. ..... the learned counsel next urged that according to section 22 of the act only inspector of drugs is authorised to inspect premises and seize drugs and other articles. ..... in other words, cognizance of an offence punishable under the act can only be taken when a prosecution report is submitted by an inspector of drugs and not otherwise. ..... it is true that section 22 has authorised inspector of drugs to make search of premises and seize drugs and other materials. ..... 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. ..... this revision is directed against the order passed by the learned additional sessions judge, cuttack upholding the conviction and sentence of the petitioner under section 27(a) (i) and (ii) of the drugs and cosmetics act, 1940 (hereinafter referred to as the 'act').2. .....
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT335; 1999CriLJ1701; 1999(I)OLR365
..... has been convicted under sections 27(d) and 28 of the drugs and cosmetics act, 1940 (hereinafter referred to as the 'act') and sentenced to undergo rigorous imprisonment for one year and to pay a fine ..... that the accused was not authorised to stock the scheduled drugs and as such, he was liable under section 27(d) of the act. ..... the petitioner was located, but the prosecution has not tried to establish the identity of the shop searched;(2) the search and seizure were not effected in presence of any independent witnesses and since the question of identity was involved, the petitioner has been prejudiced due to such infraction of the provision contained in section 100, code of criminal procedure;(3) there is no evidence on record to indicate that the medicines allegedly seized had been ..... stocked or exhibited for sale; and(4) in the licences produced by the prosecution, the list of medicines which could not be stocked, had not been indicated.the learned counsel for the ..... alleged that the accused had committed offences under sections 27(d) and 28 of the act.3. ..... that the accused had not disclosed the name of the manufacturer from whom the scheduled drugs had been purchased, thereby committing an offence under section 28 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT222; [2004]135STC187(Orissa)
..... of what has been stated above, we have no hesitation to hold that lal dantamanjan is not a drug as defined in section 3 (b) of the drugs and cosmetic act, 1940 and, therefore, the same is exigible to sales tax under residual item 105.9. ..... of the list of taxable goods reads as follows :'37.drugs as defined in clause (b) of section 3 of the 'drugs and cosmetic act, 1940, and ayurvedic, homoeopathic and unani medicines. ..... at this stage refer to section 3(a) of the drugs and cosmetics act, 1940 which defines 'ayurvedic, siddha or unani drug'. ..... therefore, read the definition of 'drug' as mentioned in clause (b) of section 3 of the drugs and cosmetic act, 1940. ..... to bring lal dantamanjan within item 37, the petitioner has to establish that it (lal dantamanjan) is a drug as defined in clause (b) of section 3 of the drugs and cosmetic act, 1940. ..... -8), the assistant commissioner held that the petitioner failed to produce any evidence to the effect that lal dantamanjan has been manufactured in accordance with the prescription of the authoritative book of schedule-i of the drugs and cosmetics act, 1940 and, therefore, the same is liable to be taxed under the residual item 105. ..... 198 observed as follows :'...the question whether product with which we are concerned is covered by section 3(b) of the drugs act was not under consideration of the apex court; even incidentally, another interesting feature is that the assessing officer has stated that prior to april 21, 1993 product cannot be treated to be .....
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