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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ4534; 1999(1)WLC498
..... jaipur alleging the commission of offences under section 18 read with 16 and 17 of the drugs and cosmetics act, 1940 and rules 65, 78 and 124b of the rules made under the drugs; and cosmetics act.6. ..... the cases, the accused persons were prosecuted for the offences under section 29 of the insecticides act and not under the drugs and cosmetics act, 1940. ..... regarding the offence under section 28(a) of the drugs and cosmetics act, 1940, it is submitted that photostat copies of the entire record, which was asked for by the drug inspector was sent to him along with letter dated 25th april, ..... of all consider whether in the instant case, the petitioners have been deprived of the right under section 25(4) of the drugs and cosmetics act, 1940.12. ..... offences manufacturing drug, which was found to be mis-branded, it has been contended on behalf of the petitioners that the petitioners have been deprived of their statutory right under section 25(4) of the drugs and cosmetics act ..... drugs and cosmetics act, 1940, which may be said to support ..... notify' has not been defined in the drugs and cosmetics act, 1940. ..... in view of this, the provisions contained in sub-section (3) of section 25 of the drugs and cosmetics act, have the effect of declaring the report of the government analyst to be sufficient evidence of the facts mentioned ..... a bare perusal of section 25 of the drugs and cosmetics act shows that after conducting analysis, the report of analysis is to be sent by the government analyst in triplicate to .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1503; 2002(5)WLN67
..... the drugs inspector against the appellant ramshanker mishra for the offence punishable under section 27 of the drugs and cosmetics act, 1940 and after trial he was held guilty and sentenced. ..... section 25(4) of the drugs and cosmetics act, 1940 are admittedly identical to the provisions of section 24(4) of the act, which reads as under:-'unless the sample has already been tested or analysed in the central drugs laboratory, where a person has under sub- section (3) notified his intention of adducing evidence in controversion of a government analyst's report, the court may, of its own motion or in its discretion at the request either of the complaint or the accused; cause the sample of drug or cosmetic produced before the magistrate under sub-section (4) of section ..... case under the drugs and cosmetics act, 1940 where the inspector of drugs, kanpur went to the shop of m/s.mishra bros, on 22.2.66 and purchased 4 packets of prednisolone which was stocked there and sent the same to director drugs control, calcutta ..... 23 to be sent for test or analysis to the said laboratory, which shall make the test or analysis and report in writing signed by or under the authority of, the director of the central drugs laboratory the result thereof, and such report shall conclusive evidence of the facts stated therein.'10. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002CriLJ4054; RLW2003(2)Raj1191; 2002(4)WLC312; 2002(4)WLN543
..... vimla lodha against the order dated 18.31996 taking cognizance of the offences under section 27(b), 27(d), and 28(a) of the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act') against the petitioners and against the order dated 12.8.1999 rejecting the application under section 34 of the act passed by the learned chief judicial magistrate, udaipur in criminal case no. 23/96.2. ..... it is evident from the affidavit of shailendra lodha, at the time of registration of the firm, which is on record to the case, that he undertook to be responsible for the affairs of the said firm for the purpose of section 34 of the act to which the said firm and its partners/manager is held liable for any act, and omission, punishable under the act and other enactments enforced by drugs controller and director of medical and health services (fw) himself or by any officer subordinate to him authorised to do so by law.13. ..... udaipur surgicals, udaipur with the aid of section 34(1) of the act which reads as under:-'34(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 that sub-sec. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1455; 2003(2)WLC683; 2003(1)WLN164
..... has been filed on behalf of the petitioner jagan lal against the order dated 18.3.1996 taking cognizance of the offences under sections 27(b), 27(d), and 28(a) of the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act') against the petitioner and against the order dated 12.8.1999 rejecting the application under section 34 of the act passed by the learned chief judicial magistrate, udaipur in criminal case no. 22/96.2. ..... it is evident from the affidavit of raj kumar lodha, at the time of registration of the firm, which is on record of the case, that he undertook to be responsible for the affairs of the said firm for the purpose of section 34 of the act to which the said firm and its partners/manager may be held liable for any act, and omission, punishable under the act and other enactments enforced by drugs controller and director of medical and health services (fw) himself or by any officer subordinate to him authorised to do so by law.13. ..... , udaipur with the aid of section 34(1) of the act which reads as under:-'34(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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006FAJ204
..... have challenged the order dated 24.5.2005 whereby the chief judicial magistrate, bharatpur has taken cognizance against the petitioners for offences under sections 27(b)(ii) and 28 of the drugs and cosmetics act, 1940 (henceforth to be referred to as 'the act', for short).2. ..... act, the drug inspector filed a complaint for offences under sections 27(b)(ii) and 28 of the act ..... of this raid, the police had not only seized the licence, but had also seized the invoices and other documents relating to the drugs and medicines being sold by the petitioners. ..... 2005, for offences under sections 8/22 and 8/23 of the ..... of the case are that the petitioners, who are duly licensed by the drug controller, are carrying on the business of purchase and sale of drugs and medicines. ..... equally engaged in the business of selling drugs and medicines at bharatpur. ..... were punishable under sections 27(b)(ii) and 28 of the act. ..... violated sections 18 and 18a of the act. ..... of the record produced by the investigating agency clearly shows that a drug licence was issued to the petitioners on 11.6.2004 and was valid for a period of five years i.e. ..... that the petitioners had cogent reason for not producing these documents before the drug inspector, the drug inspector has filed a frivolous complaint against the petitioners. ..... 17.3.2005.and 18.3.2005, an inspection was carried out both by the drug inspector and by the ..... invoices and other documents were also with the police, therefore, they could not be produced before the drug inspector .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983WLN(UC)446
..... accused petitioners have challenged the order of the learned chief judicial magistrate, bikaner dated may 18, 1980 by which cognizance against them & some other persons was taken for offences punishable under section 18/32 of the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act') and the rules made thereunder, it was prayed that as the cognizance was wrongly taken, the aforesaid order be set aside and the proceedings laken there-under be quashed.2. ..... analgin was found of substandard quality, all the accused-petitioners had committed the offence the offence punishable under section 32 read with section 18 of the act. ..... , the learned public prosecutor submitted that the offence is a continuing one and was committed in more local areas than one ..... which is not material to the culpability of the accused in relation to the particular offence, is not the consequence contemplated by section 179, cr. pc.6. ..... pc lays down that every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it ..... magistrate, bikaner, there, could not take cognizance against them as the offence was not committed within local limits of his jurisdiction. ..... as much the offences could be enquired and tried by the court of chief judicial magistrate ..... of m/s bhasin, the provisions of sections 177, 178 and 179 cr. ..... sections 178 and 179 are of no help ..... the drugs inspector, bikaner submitted a complaint against the eight accused-petitioners and six others in the court below on .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(2)Raj1565
..... 2001, whereby the trial court took cognizance of the offences under section 17-a read with section 18-a of the drugs and cosmetics act, 1940 (for short, 'the act' hereinafter). ..... this averment is an essential requirement of section 34 of the act 1940 and has to be made in a complaint ..... sub-section (1) of section 34 provides that where an ollence 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 ..... this averment being made in a complaint, the requirements of section 34 of the act 1940 cannot be said to be satisfied.7. ..... bhall (supra) held that it is necessary to specifically aver in a complaint under section 34 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company. ..... in view the decisions of the hon'ble supreme court and the fact that there is no allegation or averment in the complaint to indicate even prima facie that the present petitioners, who are directors, were the incharge of the company and also responsible to the company for the conduct of its business and, therefore, the requirement of section 34 of the act has not been fulfilled. ..... counsel further submits that section 34 of the act provides the offences by a company. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN175
..... ' provident funds and family pension fund) act, 1952(19 of 1952);(d) the prevention of food adulteration act, 1954 (37 of 1954);(e) the essential commodities act, 1955 (10 of 1955);(f) the untouchability (offences) act ..... , or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence,' punishable under chapter xii of the indian penal code (45 of 1860), or under section 489a, section 489b, section 489c, or section 489d of that code, or(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace, or(f) habitually commits, or attempts to commit or abet the commission of-(i) any offence under one or more of the following acts, namely-(a) the drugs and cosmetics act, 1940 (23 of 1940);(b) the foreign exchange regulation act, 1973 (46 of 1973);(c) the employees .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989(2)WLN524
..... pali as the offences under sections 18(a)(i)(ii)(iia) (iii) and (vi) read with sec-27(a)(i) and 27(b) of the drugs and cosmetics act, 1940 (here in after referred to as 'the act') are punishable with imprisonment of life where as the offence under section 18a read with section 28 of the act is punishable with one ..... nor there is an allegation of an offence under section 18(c) of the act and, therefore, the punishment of life imprisonment provided by section 27a has no application to the facts ..... it is mentioned in this judgment that section 36 of the act provides that such an offence is triable by the court of first class magistrate and, therefore, it was wrong on the part of the learned magistrate to commit this case for trial to ..... the offences under section 18(a) (i) (ii) (iia) (iii) and (vi) arc punishable under section 27 of the act for a term which may extend to three years or with ..... appearing for the petitioner that section 32 of the act provides that court inferior to that of a metropolitan magistrate or of a judicial magistrate of the first class shall try an offence punishable under this chapter. ..... the schedule i appended to the code of criminal procedure, 1973 provides that the offences punishable with more than 7 years rigorous imprisonment are triable by the court of sessions and, therefore, the learned chief judicial magistrate has committed this case for trial to the court ..... no offence under sections 17, 17a and 17b has been made ..... under section 18(1), (2) and (3) of the act. .....
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