Judgment Search Results Home > Cases Phrase: drugs and cosmetics act 1940 23 of 1940 section 7a sections 5 and 7 not to apply to ayurvedic siddha or unani drugs Court: jammu and kashmir Page 1 of about 1 results (0.143 seconds)

L.N. Khosla Vs. State of Jammu and Kashmir and anr.

Court : Jammu and Kashmir

Reported in : AIR1985J& K74

..... the petitioner has prayed for the issuance of a mandamus against the respondents to declare the petitioner as registered medical practitioner by making declaration in accordance with the provisions of rule 2(ee)(iii) of the drugs and cosmetics rules, 1945 framed under the drugs and cosmetics act 1940 with a lurther direction that the name of the petitioner be entered in the register maintained for the registration of the registered medical practitioners or any other appropriate writ or order, to which the ..... canvassed before me in this writ petition relates to the registration of the petitioner as medical practitioner as required under the drugs and cosmetics rules 1945 under rule 2(ee)(iii) framed under the drugs and cosmetics act 1940 (hereinafter called the rules). ..... parallel provision is made or the rules are not extended the right of the petitioner to practise, the profession and to denying the facility to obtain the drugs in wholesale and retail from the dealers of the drugs and purchase by stockists on the plea that the petitioner was not a registered medical practitioner cannot be denied. ..... of his professional duties, the petitioner has been adopting both the allopathic as well as also the ayurvedic system of medical care for individual to individual depending upon the nature of illness. ..... can under its power of prerogative conferred under article 226 of the constitution of india read with section 103 of the state constitution direct the public authority to perform its duty. .....

Rohit Drugs and ors. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : AIR2002J& K127,2003(2)JKJ535

..... the learned counsel appearing for the petitioners submits that there is no requirement under the drugs and cosmetics act of 1940 (here-in-after referred to as the act of 1940) or the drug and cosmetics rules of 1945 (here-in-after referred as rules) as amended from time to time to have a certificate which is separate and distinct from the licence granted or the manufacture of medicines. ..... admitted.petitioners in this petition are the licencees which licences have been issued to them under the drugs and cosmetics act, 1940 and drugs and cosmetics rules, 1945. ..... unless and until the conditions stipulated in schedule m are fulfilled, a person applying for the licence in form 25 is not to be granted the licence and if it is granted, then it is not to be renewed if somebody is found not observing the conditions enumerated in schedule m.15. ..... the granulating section, tableting section, coating section and other conditions which are required to be followed have been indicated. ..... it was further directed that unit be got white washed and painted to make the walls of oral liquid section washable, to get repaired the seepage in washing section, to provide exhaust fan in finished goods store, to conduct fresh medical examination of workers, to submit a letter of consent from the state pollution control board and to update the wash and change room. ..... the standard of quality which a manufacturer is supposed to maintain is mentioned in section 16. .....

Balwant Rai Vs. State of J. and K. and anr.

Court : Jammu and Kashmir

Reported in : AIR1991J& K20

..... on merits it is, therefore, submitted that the inspector rightly seized the medicines in exercise of powers under section 22 of the drugs and cosmetics act, 1940, herein called as the act from the possession of the petitioner on november 15, 1977. ..... 18 of the drugs act, 1940 or the rules made thereunder in case he stocks, exhibits for sale or sells certain drugs covered by the act and the rules as a dealer in such drugs and are not meant and kept for the purposes of treatment of patients on prescription of a registered medical practitioner. ..... ''section 3 of the act gives the definitions clause (a) defines 'ayurvedic (including siddha) or unani drug. ..... ayurvedic and unani practitioners act, 1959 (hereinafter called the a & u act 1959) is not required to hold a licence under the act for the sale of alopathic medicines and hence the seizure under the circumstances by respondent no. ..... the contention though attractive has no legs to stand in view of definition of registered medical practitioner prescribed under rule 2(ee) of the drugs and cosmetics rules 1945 as no such exemption is pointed out, that if a registered medical practitioner practising in any system of medicine stocks, distribute, exibits for sale or sells any drugs covered by the act and the rules made thereunder is not required to obtain or hold a licence under section 18 read with rule 61 of rules in accordance with procedure prescribed therein.7. .....

Madan Lal Aggarwal Vs. 1.State Through Drug Inspector

Court : Jammu and Kashmir

..... the complaint and criminal proceedings initiated against the petitioner by the special court are sought to be quashed in exercise of inherent powers under section 561-a cr.pc, primarily on the ground that the inspection report and the material collected, even if accepted, do not disclose commission of offences punishable under section 18-a read with sections 28, 18(a) (vi) read with section 27(d), drugs and cosmetics act, 1940 mentioned in the complaint and the trial court order dated 22nd october, 2011 ..... seeks to invoke inherent powers of the court under section 561-a cr.pc to get fir no.06/2012, police station, city, jammu under sections 420, 468, 471 rpc, quashed on the grounds that proceedings under drugs and cosmetics act, 1940 having been initiated through a complaint filed on 22nd october, 2011, parallel proceedings would not run on the same allegations in view of the spirit and mandate of ss. ..... present on spot informed the team that no drugs/medicine (ayurvedic, natural or herbal) were being stocked in the premises and that no stock of unconsumed drugs was available in the premises. ..... the expression drug is defined under section 3(b) of the act as under; 3(b) (i) all medicines for internal or external use of human beings or animals and all 10 substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like .....

Nazir Ahmad Wani and Mushtaq Ahmad Khateeb Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ71

..... sub section makes reference to the inspector which is defined in definition clause which may be extracted:'section 3(e) 'inspector' means:-(i) in relation to ayurvedic, siddha or unani drug, an inspector appointed by the central government or a state government under section 33g ; and(ii) in relation to any other drug or cosmetic, an inspector appointed by the central government or a state government under section 21 ..... strength of provisions of the drugs and cosmetics act and rules thereto contending that the aggrieved persons lacks qualification need to be appreciated in the light of the fact that in the writ petition filed by beneficiary continuation is sought on the basis of order assigning the charge to him, conversely, the aggrieved person seeks quashing of the said order and the rival contentions need to be considered in terms of the prevalent service rules, 1997 of which validity is not under challenge, obviously, ..... the contention in the light of mandate of the preamble of the act the challenge appears irrelevant because the drugs and cosmetics act/rules aim at regulating import, manufacture, distribution of sale of drugs and cosmetics and not the services of employees of the drugs and food control organization which would be dealt with but a bit later7. ..... since reliance is placed on sub section (3) of section 21 of the drugs and cosmetics act, 1940, it will be appropriate to reproduce it as also sub clauses (i), (ii) of clause (e) section 3 which give the definition .....

Vijay Chowdhary and anr. Vs. State and ors.

Court : Jammu and Kashmir

..... . petitioners' first plea that prosecution could not have been launched without previous sanction of the authority specified under sub-section (4) of section 33g of the drugs and cosmetics act, 1940, is found to be misconceived, in that, this section does not contemplate issuance of any sanction before launching of ..... ' learned counsel referred to the provisions of section 33-g(4) of the act to urge that in the absence of any notification by the government, learned magistrate's order, taking cognizance of the offence punishable under section 27(c) of the drugs and cosmetics act, 1940, was unwarranted and without jurisdiction. ..... i, however, find substance in petitioners' last contention that neither is there any statement in the complaint nor any material on records accompanying the complaint indicating that the petitioners were, incharge of, and were, responsible to the company, for the conduct of business of the company, and were thus, as such, liable for commission of the offence by the company, in terms of section 34 of the drugs and cosmetics act, 1940. 8 ..... this is so because the material placed on records by the complainant does not indicate any prima facie violation of the provisions of the act which are required to be complied with before launching of prosecution under the provisions of the drugs and cosmetics act, 1940, and the petitioner has not placed any such material on records on the basis whereof his plea about the violation of the provisions of the act may be sustained .....