Court : Kolkata
Reported in : 2005(4)CHN404
..... the power of the inspector is defined under section 22 of the drugs and cosmetics act and inspector as defined under section 21 of the act can inspect, collect samples and at all reasonable time he can search any person or enter any premises if in any way he has reason to believe that offence under this chapter 4 of the drugs and cosmetics act, 1940 has been committed and can order in writing not to dispose of any stock or such drugs or cosmetics during a specified period not exceeding 20 days and further the inspector can ask any person to produce records, registers, documents but ..... it is true such procedure of search of the narcotic drugs is not contained in the drugs and cosmetics act, 1940 and the rules framed thereunder. ..... against the above factual backdrop it is submitted on behalf of the petitioner that the various provisions of the drugs and cosmetics act, 1940 had not been followed in the instant case. ..... it has also been submitted on behalf of the respondents that the provisions of sections 22 and 23 of the drugs and cosmetics act is not applicable in the instant case as at no point of time the records have been seized and no form 15 was issued by the petitioner. ..... in terms of section 23(5)(b) and (c) a drug inspector can take action for any of the purposes of the said chapter under the said act and if an inspector seizes any stock or drugs he shall take orders from the judicial magistrate to take custody of such seized stock or drugs.9. .....
Tag this Judgment!Court : Kolkata
Reported in : 1986CriLJ1847
..... thereafter the inspector filed his complaint before the learned sub-divisional judicial magistrate, barrackpore who took cognizance of the offnece and summoned the accused-appellants under sections 27(a) and 27(b) of the drugs and cosmetics act, 1940 giving rise to the complaint case no. ..... -inspector of police may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any of the offences punishable under this act.section 36 of the aforesaid act reads as follows:notwithstanding anything contained in the code of criminal procedure, 1898, it shall be lawful for any presidency magistrate or any magistrate of the first class to pass any sentence authorised by this act in excess of his powers under the ..... , under impression that the power as a magistrate of the first class to impose sentence was limited by section 32 of the code and the sessions judge tries the case and convicts and sentences the accused, neither is the commitment void, nor is the trial by the sessions judge without jurisdiction'. mr. ..... 5 of the code of 1973, therefore, saves special or local laws or special jurisdiction and powers and declares that they remain unaffected by the code unless there is any specific provision to the contrary. .....
Tag this Judgment!Court : Kolkata
Reported in : 1998(59)ECC120,1998(100)ELT24(Cal)
..... 14f of the 1st schedule to the central excises and salt act, 1944 (1 of 1944) from so much of the duty of excise leviable herein under the said act at the rate specified in the said first schedule as in excess of the amount calculated @ 13% in ad valorem provided that the exemption contained in the notice shall apply to only such antiseptic perfume creams which are manufactured under drug licence issued under the drugs and cosmetic act, 1940 (23 of 1940)'.8. ..... be it noted that the case was decided under the drugs and cosmetics act, 1940. ..... 1325, came to the conclusion that 'boroline' is essentially a drug and the newly introduced explanation to the tariff item 14f cannot have any bearing on the question as to whether boroline is a drug or cosmetic product. ..... be it recorded that as regards the excess quantum of excise duty paid, would not be referred to be writ petitioner/respondent herein and the same be dealt with in accordance with section 11b of the central excises and salt act.prayer for stay of operation of the order made but the same is refused. ..... for convenience sake, the relevant extract of the exemption notification is set out hereinbelow :'in exercise of the power conferred by sub-rule 1 of rule 8 of the central excise rules, 1944, central government hereby exempt antiseptic perfumed creams, falling under sub-item 1 of item no. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN727
..... 1 was informed that on 14.06.2000 sample of the drug in question was collected from the government medical stores depot and was sent to the government analyst, central drug laboratory, kolkata, under section 23 of the drugs and cosmetics act, 1940. ..... it lays down that every person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall, if so required, disclose to the inspector, address and other particulars of the person from whom he acquired the drug or cosmetic.9. mr. ..... 1 received summons from learned court of chief judicial magistrate, alipore, whereby he was directed to appear in court on 05.10.2005 in order to answer to the accusation of charges under section 27 of the act.thereafter, on 02.07.2002, after lapse of one year, the drugs inspector launched prosecution against the petitioners knowing fully well that in august 2002, the sample portion of the drug in question would expire. ..... referring to sub-section (4) of section 23 of the said act it was submitted on behalf of the petitioners that the inspector was required to restore one portion of a smaple so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same in the manner as prescribed. ..... 1 was called for within ten days.sub-section (2) of section 25 of the act mandates that the drugs inspector was bound to deliver one copy of the test report in original to the petitioner no. 1. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN172
..... the matter was argued before this court, the argument by both the sides rested solely on the question of jurisdiction of the appellants in view of the provisions of drug and cosmetics act, 1940 (hereinafter called the said act) and the drug and cosmetics rules, 1945 (hereinafter referred to as the said rules).8. ..... report of the licensing authority referred to in sub-rule (3) and after taking such measures including inspection of the premises by the inspector, appointed by the central government under section 21 of the act, with or without an expert in the concerned field if deemed necessary, the central licence approving authority, is satisfied that the applicant is in a position to fulfil the requirements laid down in these rules, he may grant or renew the licence, ..... interim order is, whether the present appellant, who is appointed by the state government, can function as a licensing authority or whether the central licence approving authority (claa), a central government authority, is to function as a licensing authority and whether the drugs controller as licensing authority has the power to suspend the licence of the respondent/bank or whether claa, a central government authority has the power to suspend the licence.11. ..... it has been argued in this case, that the exercise of power under rule 68a of part iii of the said rules read with the forms in which the licence is granted clearly stipulate that licence can be granted by the state licensing authority subject to the approval .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN49
..... counsel for the parties and has considered the various authorities cited at the bar, and particularly the provisions of the drugs and cosmetics act (hereafter the said act) and the said rules.15. ..... of a licence, under the drugs and cosmetics rules, 1945 (hereafter the said rules), authorised to manufacture for sale of drugs specified in schedule c and c(1) (excluding those specific in ..... down the law that a writ petition is maintainable at the instance of a person who claims to be prejudicially affected by any action or order would also have no application in the facts and circumstances of the present case inasmuch as the petitioner has not been able to spell out the prejudice he would suffer if, even are disclosure of raising of unauthorised construction by the respondent nos. ..... supra) has been referred to on the point of exercise of power by an authority which is discretionary and court's power to direct the authority to exercise such direction. ..... union of india where it has been held that discretionary power ought to be exercised in a just, reasonable and fair way, and in a case of long inaction in exercising discretion, the court had issued mandamus directing the central government to consider whether the discretion ..... unable to read in the decision any law being laid down, which has the force of a binding precedent, to the effect that writ court is possessed of the power to activate a statutory authority when it is inactive on receipt of a representation which is non-statutory.39. .....
Tag this Judgment!Court : Kolkata
Reported in : 1992(60)ELT205(Cal)
..... & company to manufacture and sell boroline as a drug and medicine under the drugs act, 1940 (now known as drugs and cosmetics act, 1940) and the rules made thereunder being drug licence no. d.l. 36/m. ..... that was a case decided under the drug and cosmetic act, 1940. ..... as per the requirement of rule 103(3) of the rules framed under the drugs act, 1940 the true formula and details of ingredients of boroline have been also printed and written in in-deliable ink or the outer label of every package containing boroline being a proprietary medicine ..... were earlier disputes between the petitioner and the respondents and in april, 1961 the central excise authorities started contending that boroline was a face cream and was to be assessed at 25% as cosmetic under tariff item 14f and not at 10% as patent and proprietary medicine under tariff item no. ..... the 25th november, 1964 the respondent union of india informed the petitioner that the board of revenue had decided that:'notwithstanding the change in the tariff description made by the finance act, 1964, 'boroline' by virtue of its composition having boric acid (1%) and zinc oxide as ingredients will continue to be treated as 'patent or proprietary medicine' and shall be assessed as such.the product 'boroline' manufactured by your factory will be assessed as 'patent or proprietary medicine' under t.i. ..... therefore, the newly introduced explanation ii to section 14f cannot have any bearing on the question whether boroline is a drug or cosmetic product. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN548
..... writ of mandamus has been prayed for on the state respondents by these petitioners to forthwith ensure that there is no sale of drugs by the private respondents from the shop room in question and also to initiate criminal proceedings against them in terms of provisions contained in the drugs and cosmetics act, 1940 (hereafter the act) and to confiscate drug and cosmetics lying thereat. ..... brij lal mittal was referred to for the proposition that a director of a company engaged in the business of drugs and cosmetics under the act in view of section 34 thereof does not become vicariously liable for offence committed by the company if he was not in charge of the same ..... to a query of court regarding any particular statutory provision which empowered the director or his subordinates not to furnish the requisite form or if furnished to refuse acceptance of an application for renewal of license in prescribed form and with requisite fees when tendered, he submitted that the director has inherent power to decide whether to receive an application for renewal or not and therefore was justified in not accepting the form from the employee petitioners.18. ..... discharge of duties of a licensing authority, he is empowered only to exercise powers that are conferred on him by the act and the rules framed thereunder. ..... repository of power, according to him, is the company or its board of directors or its share holders and there is no fourth seat of power even if the employers can be termed to be bad .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)3CALLT424(HC)
..... in the present case sub-section (4) of section 23 of the drugs and cosmetics act, 1940 directs the drugs inspector the manner in which he is to dispose of the portions of sample taken by him and clause (hi) of the sub-section (4) of section 23 of the act in specific terms provides that the drug inspector is to send ihe third portion of the sample to the ..... to the provision of section 23(4) of the drugs and cosmetics act, 1940, which runs as follows :'the inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows- (i) one portion of container he shall forthwith send to the governmentanalyst for test or analyst: (ii) the second he shall produce to the court it before which proceedings, if any, are instituted in respect of the drug (or cosmetic); and (iii) the third ..... a judgment dated 24th december, 1998 the said writ application was allowed and it was held by this court as follows :--'bemuse such irregularities and/or illegalities as referred to above and also because of the admitted non-compliance of the provisions of clause (iii) of sub-section (4) of section 23 of the drugs and cosmetics act, 1940 which are mandatory in nature, in my view, the impugned proceeding is wholly vitiated and as such, cannot be sustained in law and therefore,stands quashed and so also all consequential orders passed in the said enquiry proceeding including .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1999Cal133
..... -793 (e), issued under section 26a of the drugs and cosmetics act, 1940 (in short the act) and published in the gazette dated 13th december, 1995 was quashed and set aside.2. ..... drugs and cosmetics act, is a com-plete code in itself. ..... of drug and cosmetic in public interest. ..... -- without prejudice to any other provision contained in this chapter, if the central government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then, that government may, by notification in the official gazette, prohibit the manufacture ..... the recommendations made by the said sub-committee were accepted by the central government and thereafter the impugned notification was issued in exercise of the power vested in it under section 26a of the act.8. ..... an order issued under section 26-a of the act by the central government would be in exercise of its legislative power. ..... the impugned notification has been issued in exercise of the power vested in the central government under section 26a of the act which reads as under :--'power of central government to prohibit manufacture, etc. ..... when such legislative power is exercised, the question of complying with the principles of natural justice would not arise. .....
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