Court : Orissa
Reported in : 63(1987)CLT266; 1988CriLJ292
..... 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. ..... 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. ..... on the other hand, in exercise of general powers search and seizure under sections 90, 100 and 102 of cr. p.c. ..... the petitioner is the power of attorney holder of his wife arunbala swain who is the owner of biraja medical agency, with a valid licence under the act and the rules framed thereunder having the shop premises at tala telenga bazar of cuttack ..... the petitioner is the power of attorney holder of his wife who has a valid licence under the act and the rules framed thereunder and has a shop at tala telenga bazar named and styled as 'biraja medical agency' for sale of medicines .....
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 ..... letter dated 6-3-1991 of the drugs controller, shows thai the prosecution against the petitioner as recommeded by the drugs inspector, balasore range, has been approved ..... has filed one letter dated 6-3-1991 to indicate that the drugs controller, orissa, has sanctioned prosecution of the complainant.learned counsel for the petitioner contends that the director of health of the state government is the proper authority and not the drugs controller as mentioned in section 33c of the act. ..... appearing for the petitioner contends that since the trial court has not been vested with the power to try summarily by the state government, the trial by the learned judicial magistrate, first class, jaleswar is without jurisdiction and as such, illegal. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori15; 38(1972)CLT337
..... 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 ..... 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 ..... sir, j am to inform you that the government after due examination of the issue whether dantaghasa gudakhu comes under the definition of a cosmetic as per the drugs & cosmetics act, 1940, have declared it as a cosmetic. ..... 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. ..... the joint drugs controller, orissa or any of the drugs inspectors of the state .....
Tag this Judgment!Court : Orissa
Reported in : 2003CriLJ3627
..... . section 34 of the drugs and cosmetics act, 1940 ..... is also available in drugs and cosmetics act, 1940 ..... reported in air 1998 sc 2327 : (1998 cri lj 3287) while interpreting the section 34(1) of the drugs and cosmetics act the apex court observed as follows (para 9) :--'in municipal corporation of delhi ..... section 482,in the instant case the complaint clearly contains the allegations regarding the sample taken by the inspector from a shop which was sent to the public analyst, was manufactured ..... act, the apex court observed as follows (paras 10 and 11):--'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 ..... both the petitioners are directors of the company, make out a prima facie case against them and, therefore, this court in exercise of the powers under section 482, cr. p.c. ..... whether this court in exercise of the powers under section 482. cr. p.c .....
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 .....
Tag this Judgment!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. ..... disclosure of the name of the manufacturer, etc- 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 the name, address and other particulars of the person from whom he acquired the drug or cosmetic. ..... the evidence, the order of acquittal should be reversed.the different phraseology used in the judgments of this court such as :a) 'substantial and compelling reasons';b) 'good and sufficiently cogent reasons';c) 'strong reasons',are not intended to curtail or place any limitation on the undoubted power of an appellate court in an appeal against acqjittal to review the entire evidence and to come to its own conclusion as stated above but in doing so it should give proper consideration to such matters as (i) the views of ..... 2 was a government employee at the relevant time and stated that an inspector of, vigilance called him to the residence of the respondent where. p. w ..... is a drugs inspector who took the main part in the search and seizure. ..... w 1 who is not only the, investigating officer who submitted the prosecution report, but also a responsible government employee being an inspector of drugs, in this connection i will make reference to two decisions. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR264
..... drugs as defined in clause (b) of section 3 of the drugs and cosmetic act, 1940 (act 3 of 1940) and ayurvedic, homoeopathic and unani medicines-four per cent 'according to the assessing officer with effect from 21-4-1993 in terms of notification no. ..... state of u.p.air1968 sc 1450 (wrongly mentioned as 1454 in the assessment orders) the assessing officer held that ayurvedic, homoeopathic and unani medicines were not covered by section 3(b) of the drugs and cosmetics act. ..... rules have been framed by the central government for the purpose of giving effect to the provisions of chapter, in which occurs section 18, in exercise of the powers under section 33 of drugs act and rule 61(2) of the drugs and cosmetics rules, 1945 (in short. ..... the decision in iswar singh bindra's case (supra) was rendered at a point of time, when section 3(b) of the drugs act read as follows :'all medicines for internal or external use of human beings or animals and all substances intended to be used for or (in the diagnosis, treatment. ..... for the assessment years 1990-91 and 1991-92 assessments originally completed under section 12(4 of the orissa sales tax act, 1947 (.in short, the 'act ) were re-opened and re-assessments under section 12(8) of the act have been made, while for the assessment year 1992-93, assessment has ..... the substance must have curative power so as to ix-mak it effective for treatment of ailments. ..... a substance which has a curative power need not be used in the very form in which it normally occurs. .....
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 ..... of the drugs and cosmetics rules, 1945 (in short, 'the rules') deals with the duties of inspectors specially authorised to inspect the manufacture of drugs. ..... section 18 deals with prohibition of manufacture and sale of certain drugs and cosmetics ..... sub-rule (5) of rule 51 deals with powers of inspectors in respect of premises licensed for the sale of drugs. ..... 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 ..... 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 ..... sub-section (2) of section 11 deals with powers of the inspector which may be exercised by an inspector and the duties to be performed by .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori42; 101(2006)CLT117; 2006FAJ124
..... submitted that in view of the 'no conviction certificate' dated 16.12.2003 granted by the drugs controller, orissa, who is the licensing authority, certifying that the petitioner has never been prosecuted and found guilty under any of the provisions of the drugs and cosmetic act, 1940 (for short, 'the act'), there was absolutely no reason on the part of the opp. ..... other provisions under the said chapter of the act prescribes the procedures to be followed for analysis of the standard of a drug and section 27 thereof, prescribes that any person found to be manufacturing for sale or for distribution or selling or has stocked or exhibited or distributes any drug not of standard quality shall be punishable with imprisonment for a term not less than five years which may extend for a term of life and with fine which shall not be less than ..... been further averred in the counter affidavit that during a surprise check by the drugs inspector, cuttack, range-3, the said inspector collected samples of 'cotrimal bolus' of batch no. ..... 7.6.2002 have been declared not of standard quality by the drugs inspector, cuttack-iii range, cuttack in his letter no. ..... v-2006, was found to be sub-standard by the drugs inspector, as such, no illegality has been committed in black-listing the ..... he has violated the terms and conditions of the act and the rules, and (ii) a sample taken from the drug 'cotrimal bolus' supplied by the petitioner's firm was found to be sub-standard on analysis by the drug inspector.7. .....
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT335; 1999CriLJ1701; 1999(I)OLR365
..... petitioner 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 of ..... found 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 state ..... the drugs inspector (p.w. ..... the khata number and plot number had been indicated in the licences, the identity of the shop could have been established beyond reasonable doubt through the help of revenue inspector by measuring the .....
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