Court : Gujarat
Reported in : AIR1997Guj83; (1997)1GLR362
..... and are pathologists tapping blood from human beings manufacturing 'drug' so as to incur liability to obtain licence under section 18(c) of drugs and cosmetics act, 1940?are the questions posed for consideration of this court in this petition under article 226 of the constitution of india filed by some of the pathologists and association of pathologists.2. ..... incidentally, it may be stated that the drugs & cosmetics (1st amendment rules), 1993 are framed by the central government after consultation with the drugs technical advisory board in exercise of powers conferred by sections 12 and 33 of the drugs and cosmetics act, 1940. ..... 1 to 4 who are pathologists running pathology laboratories were in fact collecting blood and selling the same and therefore notices under challenge were issued to them to obtain necessary drug licences under section 18(c) of drugs and cosmetics act, 1940. ..... it is the case of the respondents as can be gathered from the affidavit-in-reply that the pathologists are collecting blood by a particular process which process and act of collection of blood would fall within the definition of 'manufacturer' as defined by section 3(0 of the drugs and cosmetics act, 1940, hereinafter referred to as the 'said act'. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1998Guj23; (1998)1GLR464
..... in this context it can be seen from the provisions of section 40 of the bureau of indian standards act, 1986 that the provisions of that act do not affect the operation of the drugs and cosmetics act, 1940 or any other law for the time being in force which deals with standardisation or quality control of any article or process. ..... in section 2 of the drugs and cosmetics act, 1940 there is a clear provision that the provisions of the said act are in addition to and not in derogation of any other law for the time being in force including the dangerous drugs act, 1930. ..... the standards prescribed under bis act are therefore, independent of the standards that may be required under other laws including laws under drugs and cosmetics act, 1940 which continued to operate. 8. ..... in that decision hon'ble the supreme court held that whatever procedure the government proposes to follow in accepting the tender must be clearly stated in the tender notice and that the consideration of the tenders received and the procedure to be followed in the matter of acceptance of a tender should be transparent, fair and open. 4. ..... in support of his contention that the respondent authorities could not have gone beyond what was stated in the tender notice the learned counsel relied on the decision of hon'ble the supreme court in dutta associates pvt. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR781
..... all the inspector appointed under the drugs and cosmetics act, 1940 (xxiii of 1940), in the state of gujarat. 32. ..... narcotic drug, or psychotropic substance in respect of which any offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of the ..... department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer of the revenue, drugs control, excise, police or any other department of a state government as is empowered in this behalf by general or special order of the state government, if he has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under chapter iv or that any ..... with regard to the alleged non-compliance of section 57 of the ndps act, the high court has rightly noted that pw 3 has stated that the arrest of the accused was revealed to his immediate superior officer, namely, the deputy director.'39. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR816
..... however, in case of ranjit chatterjee (supra) after referring the case of khusi ram (supra), it has been observed that : 'thus, in view of provisions relating to special act as contained in section 36 of the drugs & cosmetics act, 1940, the question of committing the case to the court of sessions under section 209 does not arise.' 13. ..... the criminal complaint by the drug inspector for the offences punishable under sections 18(a)(1), 18(b), 18(a)(vi) and 18(c) as well as sections 27, 28 and 28(a) of the drugs and cosmetics act came to be filed in respect of searches carried out by the drug department at different medical stores. ..... shah is also important because normally under special statute like the drugs and cosmetics act, p.f.a. ..... the act being a special act dealing with the offence relating to the drugs and cosmetics provides for some special procedure and in the procedure, the act has simultaneously provided for some wide powers to a magistrate who is trying the criminal case filed for the offence punishable under this act. ..... drugs & cosmetics act and has tried to see that as to whether there is any disharmony or conflict. ..... prajapati on 15-6-1992 for the offences punishable under sections 27 and 27a read with sections 18(a)(i), 18(a)(vi), 18(c) and sections 28 and 28(a) of the drugs and cosmetics act, 1940 (hereinafter referred to as 'the act'). 2. .....
Tag this Judgment!Court : Gujarat
Reported in : 1996CriLJ906; (1995)2GLR1464
..... the said definition is reproduced hereunder:(1) 'drug offender' means a person who -(i) imports any drug in contravention of section 10 of the drugs and cosmetics act, 1940 (hereinafter in this definition referred to as 'the drugs act'). ..... a person carrying on prohibited activities under the drugs and cosmetics act, 1940 or business of manufacturing, possessing, selling, purchasing or transporting narcotic drugs or psychotropic substance can be detained as 'a drug offender', but he cannot be detained as 'a dangerous person'. ..... similarly, the legislature has not included the offences which can be punishable under special statute like drugs and cosmetics act, 1940 or narcotic drugs and psychotropic substances act, 1985. ..... thereafter, the detaining authority has in a tabular form set out three offences alleged to have been committed by the detenu and which were either pending in the court for trial or which were pending investigation. ..... in this case, the question of applicability of section 6 of the said act is not raised and is not separately examined because going through the grounds of detention, this court has no manner of doubt that the detaining authority has mainly relied upon the activities of the detenu as 'drug offender' as dangerous activities but has unfortunately regarded the detenu as 'dangerous person' instead of branding him as 'drug offender'. 10. ..... 282 of 1990 which is pending trial in the court while other two offences are pending investigation being crime register no. .....
Tag this Judgment!Court : Gujarat
Reported in : 1992(37)ECC96; 1991(56)ELT532(Guj)
..... therein it is held that the loan licencees governed by the drugs and cosmetics act, 1940 and the drugs and cosmetics rules, 1945 can utilise the factory premises of other persons where they can get their goods manufactured under their own control and supervision and if they manufacture excisable goods, they would be treated as manufacturers within the meaning of the act. ..... the superintendent of central excise, assessment range-ii, division iii, ahmedabad wrote a letter dated may 2, 1980 and informed that the loan licensee cannot be treated as manufacturer and the actual manufacturer should be treated as the manufacturer in respect of the goods manufactured by him whether on his own account or on behalf of the loan licensee. ..... therefore all clearances by him including those on behalf of loan licensee are to be treated as his clearances accordingly and no loan licensee can be considered eligible for the benefit under notification no. ..... 2 requested the officers of excise department to recognise it as loan licensee manufacturer in respect of certain drugs got manufactured by it at the factory premises of petitioner no. 1. ..... the question as to whether a loan licencee manufacturer can be a manufacturer as defined under the provisions of the central excises & salt act, 1944 came up for consideration before this court in the case of m/s. ..... as far as this point is concerned, the same is covered by the decision of this high court in the case of m/s. .....
Tag this Judgment!Court : Gujarat
Reported in : 1986(9)ECC177; 1986LC26(Gujarat); 1986(23)ELT433(Guj)
..... a classifications letter issued, by the ministry of finance, department of revenue dated 13-3-80 has also clarified this thing and it is stated there that surgical cotton (absorbent cotton wool), gauzes, bandages and other non-medicated surgical dressing are 'drugs' within the meaning of the definition of drugs i given in section 3(b) of the drugs and cosmetics act and that they would be entitled to exemption under notification no. 55/75-ce. 4. ..... 665, the supreme court had held that the definition of 'drugs' in section 3(b) of the drugs act is comprehensive enough to take in not only medicines but also substances intended to be used for or in the treatment of diseases of human beings or animals, and this artificial definition introduced a distinction between medicines and substances, which are not medicines strictly so-called. 6. ..... in view of the aforesaid division bench judgment of this court, the letter of the ministry of finance, and the above judgment of supreme court, there cannot be any doubt that sanitary pads are drugs and, therefore, exemption notification will be attracted in the present case and the petitioners would be entitled to the benefit of the same. ..... the learned counsel for the respondents prays for leave to appeal to the supreme court under article 133(1) of the constitution of india. ..... this question is practically concluded by the division bench of this high court in the case of rainbow surgical dressing mfg. co. v. .....
Tag this Judgment!Court : Gujarat
Reported in : 2004CriLJ2298; (2004)3GLR1952
..... [ (1981) 2 scc 335] wherein the question as who is a 'person in charge' of the business of a firm in the context of section 18-a of the drugs and cosmetics act, 1940 was considered by this court. ..... for the original complainant, submitted that not only the complaints contained necessary averments to, prima facie, make out the cases of offences under section 138 of the ni act and sections 420 and 114 of the indian penal code, but the statement on oath of the complainant recorded below the complaint substantiated the allegations in clear terms ..... that common judgment and order was challenged in two special criminal applications in this court and those applications were permitted to be withdrawn on 2.8.1996 to enable the petitioners to move an application before the learned chief ..... persons have separately approached this court by way of two special criminal applications which were converted into criminal revision application nos.168 and 169 of 1998. ..... [(2001) 6 scc 463], the negotiable instruments act was enacted and section 138 thereof was incorporated with an express object of making a special provision by incorporating a strict liability so far as the cheque, a negotiable instrument, ..... 5239 of 1997 and all the matters were, at the request of the learned counsel, treated as cognate matters, heard together and are disposed by this common judgment.2.2 it must be noted at this stage that, after obtaining ad-interim stay against further proceedings in the original special criminal application .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2027
..... sharma, under certain special statute like food adulteration act, drugs and cosmetics act, this court has turned down the proceedings in all cases where it was found that mandatory provisions of the act are violated and such violation is likely to result ..... it appears that the apex court has observed that such a situation, conjoint reading of relevant sections and the scheme should be made and the apex court read a section of sections 21, 22 and 24 of the act and ultimately, expressed the view that the complaint requires ..... his intention of adducing evidence in controversion of the insecticide analyst's report, the court may, of its own motion or in its discretion at the request either of the complainant or of the accused, cause the sample of the insecticide produced before the magistrate under sub-section (6) of section 22 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 ..... his intention of adducing evidence in controversion of the insecticide analyst's report, the court may, of its own motion or in its discretion at the request either of the complainant or of the accused, cause the sample of the insecticide produced before the magistrate under sub-section (6) of section 22 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 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj57; 2008GLH(1)386
..... , notified vaids/hakims claim right to prescribe allopathic drugs covered by the indian drugs and cosmetics act, 1940 (for short 'the drugs act'). ..... practitioner of indian medicine enrolled on a state register of indian medicine to practice indian medicine in any state merely on the ground that, on the commencement of this act, he does not possess a recognised medical qualification;(b) to (d) xxx xxx xxx xxx(4) any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.chapter ..... averred that in similar petitions this court has taken the view that the ayurvedic doctors who have obtained registration from other states and who do not possess the recognized qualification under the imcc act cannot practice in the state of ..... (1) save as otherwise expressly provided in any special law for the time being in force, no person other than a medical practitioner whose name is entered in-(i) the register or the list maintained under this act;(ii) & (iii) xxx xxx xxx(iv) the indian medical register prepared and maintained under the indian medical council act, 1956,shall practice any system of medicine in the state:provided that, the state government may, by notification in the official ..... the aforesaid premises, the petitioners have prayed that this court may quash and set aside the impugned notification by issuing appropriate writ or .....
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