Court : Punjab and Haryana
Reported in : AIR1987P& H81
..... 2 of the drugs anal cosmetics rules, 1945 (for short to bc referred as 'the drug rules') made under the; provisions of the drugs and cosmetics act, 1940, hereinafter referred to as the 'drug act', the government of punjab has declared all vaids and hakims who had been registered under the last punjab ayurvedic and unani practitioners act, 1949, the pepsu ayurvedic and unani practitioners act, '' bk. ..... ayurvedic and unani drugs and medicines were not then brought in for regulation of the kind under the drug act. ..... as may be fixed by the state government by notification in the official gazette in this behalf no person shall himself or by any other person on his behalf, manufacture for sale any ayurvedic (including siddha) or unani drug x x x x x x (c) except under and in accordance with the conditions of a licence issued for such purpose under this chapter; x x x x x x provided that nothing in this section shall apply to vaidyas and hakims who manufacture such drugs for the use of their own patients: provided further that nothing in clauses x x x x x (c) shall ..... right to practise modern system of medicine would envisage the right to diagnose the disease and then attempt a cure, inter alia, by administration of drugs and medicines, and to administer an appropriate allopathic drug or medicine, if such a medical practitioner has in his possession; if he does not have, then to prescribe the appropriate medicine to the patient to be purchased from the licensed druggists.15. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H347
..... 33e of the drugs and cosmetics act, 1940, and in partial modification of punjab government health and family planning department notification no ..... 33e of the drugs and cosmetics act, 1940, hereinafter referred to as the act, and consequently got quashed the criminal proceedings launched against him ..... 33d and 33e of the drugs and cosmetics act, 1940 (central act 23 of 1940), the governor of punjab is pleased to fix the date of publication of this notification in the official gazette as the date for the purpose of the aforesaid section. ..... 33e of the act, which imposes the restriction on storing, selling or exhibiting any ayurvedic (including siddha) or unani drugs not manufactured by a licensed manufacturer, are found to be legal and valid, then how could an innocuous step of bringing them into operation be considered illegal and ultra vires the constitutional provisions of art ..... the act was enacted in 1940 with a view to regulate the import, manufacture, distribution and sale of drugs. ..... 'initially, the provisions of both the aforesaid sections of the act were enforced with effect from 25-2-1971 by notification, annexure r. 1, dt ..... would be seen that, to begin with, both the sections were brought into force by notification, annexure r. ..... 'section 33p of the act, which is reproduced below, authorises the central government to give necessary direction to the state for the purpose of carrying into execution in any given state any of the provisions of the act or rule or order made thereunder :'33p .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1992CriLJ1745
..... court framed charge against the accused under sections 18(c) read with section 27a(ii) and 18a read with section 28 of the drugs and cosmetics act, 1940 to which he pleaded not guilty and claimed to be tried.6. ..... complaint under sections 27a(ii) and 28 read with sections 18(c) and 18a of the drugs and cosmetics act, 1940 (hereinafter to be referred to as the act) and the rules framed thereunder was filed against lashkar singh accused, who was tried and acquitted of the said offence by additional chief judicial magistrate, hoshiarpur vide his order dated 23rd of ..... and his name was also entered in the register of punjab ayurvedic and unani medical practitioners rules, 1963 maintained in haryana and as such the accused comes within the definition of registered medical practitioners and was entitled to keep the medicines in the shop and there was no violation of section 18(c) of the act ..... (1985) 12 cri lj 247 (punj & har) held that the accused has been registered as a medical practitioner in the register of punjab ayurvedic and unani medical practitioners act, 1964 in haryana; he was also a licence holder as registered medical practitioner (r.m.p. ..... in the earlier part of the judgment the accused was registered as a medical practitioner under punjab ayurvedic and unani medical practitioners act, 1964 and rules framed thereunder and on the basis of the said licence, the accused cannot legally stock or keep in his possession allopathic medicines and other instruments at his shop for sale. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)103PLR602
..... the controversy now raised before us lies within a narrow compass, namely, that it is only in terms of section 26a of the drugs and cosmetics act, 1940 (abbreviated hereafter to 'the act') that the central government is empowered to prohibit the manufacture, sale and distribution of drugs. ..... -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, sale ..... contention of the counsel for the appellants that the withdrawal of the fixed dose combination drugs dizlagin and parapam was not in terms of section 26a of the act as it was founded merely upon the view of the consultative sub committee to the effect that no substantial evidence has been produced by the representatives of the manufacturers to prove rationality of the combination of drugs comprised in dizlagin and parapam whereas the burden lay upon the central government to record its satisfaction as required .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1993P& H107; (1993)103PLR222
..... it is further claimed that the petitioner-company has been licenced under the provisions of the drugs and cosmetics act, 1940, (hereinafter referred to as 'the act'). ..... consequently, parliament had in its collective wisdom incorporated section 26a authorising the central government to identify such harmful drugs and to prohibit their manufacture, sale and distribution. ..... according to the written statement definite guidelines, as envisaged in section 26a of the act were laid down and after thorough screening, the consultative committee published the list of various drugs periodically. ..... it has also been contended that the action is beyond the provision of section 26a of the act and suffers from the vice of arbitrariness. ..... the action falls within the provision of section 26a, and is not ultra vires the provision.9. ..... it has been further mentioned that there is a possibility of the drug being misused and administered in combination even in a condition when it is not actually required. ..... reasons have also been given in the written statement to show that a combination of various drugs like diazepam or phonobarbitone with analgesic or antipyretic drugs is not more advantageous than individual drug therapy. ..... learned counsel maintain that the action is beyond the provision of section 26a of the act. ..... learned counsel also maintains that the action is within the four corners of the provision of section 26a of the act.6. mr. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H236
..... 2 of the licence is reproduced as under :-- 'the licensee shall comply with the provisions of the drugs and cosmetics act, 1940 and the rules thereunder for the time being in force.' 6. ..... the petitioner-firm which carries on business in strong and selling drugs at rajpura, was issued show cause notice as to why its drugs licence be not suspended for having violated provisions r. ..... the leaned appellate court dealt with the aforesaid contention in para 7 of the order in the following manner :--'with reference to the first point, the learned counsel for the appellant frankly conceded that the act and the rules had all along been interpreted and applied so as to imply that a licence of punjab should sell drugs only to a medical practitioner registered in punjab. ..... ) registered in a medical register of a state, who although not falling within sub-clause (i) or sub-clause (ii) is declared by a general or special order made by the state government in this behalf as a person practising the modern scientific system of medicine for the purpose of this act; or (iv) registered or eligible for registration in the register of dentists for a state under the dentists act 1948(16 of 1948), or (v) who is engaged in the practice of veterinary medicine and who possesses qualifications approved by the state government.' 7. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998CriLJ2592
..... the state of haryana through district drugs inspector, kurukshetra, for the quashment of the complaint (annexure p 1) filed by the respondent against the petitioners under the drugs and cosmetics act, 1940, for the violation of sections 16, 17c, 17-a(f), 17-b(d) and 18(a)(i) of the said act and consequential proceedings.2. ..... section 2(b) of the drugs and cosmetics act, 1940 defines 'drug' as follows :-drug' includes-(i) 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, mitigation or prevention of disease in human beings or animals; and(ii) such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermin or insects which cause disease in human beings or animals, as may be specified ..... 27% w/vin the opinion of the undersigned the sample referred to above is not of standard quality as defined in the drugs and cosmetics act, 1940 and rules thereunder for the reasons given below :-(1) assay of gentamicine are found to be less than the prescribed ip ..... the guidelines of the hon'ble supreme court are read in depth, it would show that these guidelines would apply where the right of speedy justice had been violated after the start of the trial. ..... result of test of analysis with protocols of test or analysis applied : bp 88.description : a colourless solution incolourless glass bottle provided with plastic .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998CriLJ1460
..... at all there is contravention by the petitioner that may 6e of the provisions of drugs and cosmetics act, 1940 for which complaint lies by the drugs inspector to the court and not fir and not prosecution by the police. ..... nutshell, the claim, of rajiv kumar is that these are all drugs alleged to-have been seized from his possession and they fall within the mischief of drugs and cosmetics act, 1940 and not within the mischief of act of 1985. ..... for prosecution under the drugs and cosmetics act, 1940 complaint by the drugs inspector is permissible and not fir at the instance of ..... mentioned in the seizure memo falls within the ambit of drugs and cosmetics act, 1940 and not under the act of 1985 vide report annexure p/4. ..... is averred that medicines seized are not narcotics as they are drugs under the drugs and cosmetics act, 1940.5. ..... is duly licensed to sell these drugs under a licence annexure p/1 issued to him by the licensing authority/assistant controller (state drugs controller) under the drugs and cosmetics act, 1940 and the rules framed thereunder. ..... act applies to certain narcotic drugs and psychotropic substances and not to all kinds of intoxicating ..... exercise of the powers conferred by sub-section (1) of section 52-a of the ndps act, the central government has specified the following narcotic drugs and psychotropic substances, namely :-1. ..... has to be borne in mind that the act applies to certain narcotic drugs and psychotropic substances and not to all kinds of intoxicating substances. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H102
..... the petitioners are engaged in the business of selling drugs (medicinal preparations) and cosmetics (toilet preparations), alcoholic and non-alcoholic, in the state of punjab under licences issued under the provisions of the drugs and cosmetics act no. ..... the act was feather amended to regulate the manufacture and sale of ayurvedic (including siddha) and unani drugs and it is this act, as held in the indian chemical and pharmaceutical works, hyderabad v. ..... the act was amended in 1962 with a view to bring in the subject of 'cosmetics' under the purview of the act and the act was then renamed as the drugs and cosmetics act, 1940. ..... 3(14) of the excise act, the said exemption would not be applied. ..... 3(14) of the excise act 'also any substance which the state government may by notification declare, to be liquor for the purposes of this act' do not occur in the definition of 'liquor' as given in section 2(24) of the bombay prohibition act, 1949, and by virtue of the definition of 'liquor' as given in see. ..... therefore, the ratio of the judgment of the supreme court in balsara's case (air 1951 sc 318) (supra) did not apply to the facts of dr. ..... the article posits the continuation of the pre-existing laws made by a competent authority notwithstanding the repeal of article 395; and the expression 'other' in the article can only apply to provisions other than those dealing with legislative competence.' 24. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2003CriLJ3407
..... challenge in the present revision petition against the order of conviction is two fold, namely that the learned trial magistrate was not empowered to conduct the trial in terms of section 36a of the drugs and cosmetics act, 1940 as such power was conferred on 29-9-1991. ..... of criminal procedure, 1973 (2 of 1974), all offences under this act, punishable with imprisonment for a term not exceeding three years, other than an offence under clause (b) of sub-section (1) of section 33i shall be tried in a summary way by a judicial magistrate of the first class specially empowered in this behalf by the state government or by a metropolitan magistrate and the provisions of sections 262 to 265 (both inclusive) of the said code shall, as far as may be, apply to such trial:provided that, in the case of any ..... conviction in a summary trial under this section, it shall be lawful for the magistrate to pass a sentence of imprisonment of a term not exceeding one year :provided further that when at the commencement of, or in the course of, a summary, trial .....
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