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Aphali Pharmaceuticals Ltd. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR1989SC2227

..... . for example, the drugs control act, 1950 (act 26 of 1950) replaced the drugs control ordinance, 1949 (6 of 1949) which was promulgated on 3-10-1949 in order to ensure that certain essential imported drugs and medicines were sold in the reasonable price in ..... which are not capable of being consumed as alcoholic beverages and as such they squarely fall under item 1 of the schedule, and the main act and the explanation is a self-contained provision which eliminates the reference either to drugs act or to the rules made under the act; and one has to read only the provision of the schedule as a whole including the explanation, and their meaning being simple and plain ..... court accepted the submission that it provided a self-contained definition of 'patent and proprietary medicines' for the purpose of the main act and severed the connection between the provisions of the drugs act as was contemplated in earlier explanation 1, and consequently one need not look to the drugs act at all for its interpretation and the schedule was there to be interpreted as it existed along with that sell containing definition ..... and ten nayepaiseper litre of the strength of lon- don proof spirit.explanation i: 'patent or proprietary medicines' has the same meaning as in clause (h) of section 3 of the drugs act, 1940 (23 of 1940).the statement of objects and reasons of the amendment bill, as published in gazette of india, 8-3-1961, pt. ii, s ..... act to provide for the control of sale, supply and distribution of .....

Narasingo Chaudhury Vs. State

Court : Orissa

Reported in : AIR1952Ori214

..... magistrate who tried the case convicted him under section 13 (1) of the orissa drugs control act, 1950, and sentenced him to pay a fine of rs. ..... the present case no such question arises, and the only point for determination is whether the petitioner in exposing a drug for sale without marking the sale price had the criminal intention to violate the provisions of the orissa drugs control act, 1950. 5. ..... section 10 (1) of the orissa drugs control act says that: 'the provincial government may direct dealers or producers in general or any dealer or producer in particular to mark any drug exposed, or intended for sale, with the sale price or to exhibit on the premises a price list of drugs held for sale, and may give directions as to the manner in which any such direction as aforesaid is to be carried ..... in that case the question was whether the petitioner who owned a petrol pump was liable for the act of his servant in not having complied with the provisions of motor spirit rationing order, and their lordships held that the use of the word 'supplier' in the order laid the responsibility upon the ..... prosecution has not established that the notification reached balangir by the 1st september 1950 on which date the alleged contravention was noticed by the assistant civil supply ..... not the case of the prosecution that any particular direction was given to the petitioner but that the general notification was published directing dealers to mark the prices of any drugs exposed or intended for sale. .....

Manju Kumari and anr. Vs. State of Bihar and ors.

Court : Patna

..... 3911 of 2005 registered under sections 307, 467, 468, 471, 420 and 120b of the indian penal code read with sections 9, 9a, 9b, 9c and 9d, 13(1)(a), (b) and (c), 27(a)(b), (c) and (d), 27a and 28b of the drugs and cosmetics act, 1940, and 13(1) of the drugs (control) act, 1950. ..... petitioner's counsel has also stated that the samples of the drugs which were collected during the search and seizure were sent to the bihar drugs control laboratory, government of bihar, for analysis and report. ..... the report of the bihar drugs control laboratory has submitted its report vide letter no ..... since, in the present case everything has been done by the informant in violation of section 32 of the drugs and cosmetics act, 1940, as well as section 22(2) of the act, it is difficult to accept the contention of the counsel for the state that there is no illegality and no reason for quashing the first information report as well as the entire criminal proceeding.12 ..... inspector has been defined under section 3(e) of the act:3{e) inspector means : (i) in relation to ayurvedic, siddha or unani drug, an inspector appointed by the central government or state government under section 13g and (11) in relation to other drug or cosmetic an inspector appointed by the central government or state government under section ..... , dated 28-9-2005 and it has been reported that samples of the manufactured drugs were found to be up to the mark and as per the limit laid down in schedule i of the drugs and cosmetics act and rules. .....

State of Rajasthan and ors. Vs. Vatan Medical and General Store and or ...

Court : Supreme Court of India

Reported in : AIR2001SC1937; JT2001(4)SC187; 2001(3)SCALE62; (2001)4SCC642; [2001]2SCR729; 2001(2)LC983(SC)

..... drugs control and cosmetics act, 1940 (enacted by the federal legislature), the drugs (control) act, 1950, the spirituous preparations (inter-state trade and commerce) control act, 1955, the medicinal and toilet preparations (excise duty) act, 1955 and the delhi municipal corporation act, 1957 collectively cover the entire field of legislation in respect ..... contained in the central legislation including the provisions of chapter iv-a of the drugs control and cosmetics act, 1940 and held : 'the effect of notifying the impugned drugs as intoxicants and bringing them within the ambit of the excise act and the isp rules is to regulate and control the transportation and sale of the said drugs. ..... in the matter of duty to be paid on intoxicating spirituous preparations and not leviable under the medicinal and toilet preparation (excise duty) act, 1955, the provisions of the rajasthan excise act, 1950 shall apply; in all other matters, not specified in these rules, the provisions of rajasthan excise rules, 1956 shall apply mutatis mutandis ..... act, 1950 (act no.2 of 1950) was passed by the state legislature of rajasthan to enact for rajasthan a uniform law relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs ..... medicinal drugs if manufactured properly and if not misbranded, spurious or adulterated would not come within the ambit of chapter iv-a and section 33 eec of the 1940 act but the sale of same can be controlled or .....

Dabur India Ltd. Vs. Delhi Administration and ors.

Court : Delhi

Reported in : 48(1992)DLT660; 1993(44)ECC101

..... the submission is that drugs control and cosmetiec act, 1940 (by the federal legislature), the drugs (control) act, 1950, the spirituous preparations (inter-state trade and commerce) control act, 1955, the medicinal and toilet preparations (excise duty) act, 1955 and the delhi municipal corporation act, 1957 collectively cover the entire field of legislation in respect of which the isp rules have been framed. ..... the drugs (control) act, 1950 regulates the control of the sale, supply and distribution of drugs, and sections 4 and 5 thereof provide, inter alia, for the fixation of maximum quantities which may be possessed at any one time by a dealer, and the maximum quantities which may be sold to any person in one transaction. ..... such license can be granted to any chemist and/or druggist holding a license under the drugs control act or, inter alia, to any person engaged in the sale of medicines or ayurvedic or unani practitioner. ..... this provision also does not permit the sale or stocking of any drug which has been manufactured in contravention of any of the provisions of the act but there is no control with regard to sale of any drug which is manufactured in accordance with the provisions of the said chapter. ..... the sale of such medicinal drugs if manufactured properly and if not misbranded, spurious or adulterated would not come within the ambit of chapter iv-a and section 33-eec of the 1940 act but the sale of same can be controlled or regulated under the isp rules. .....

Amrutanjan Limited Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1992)(38)ECC229

..... for example, the drugs control act, 1950 (act 26 of 1950) replaced the drugs control ordinance, 1949 (6 of 1949) which was promulgated on 3.10.1949 in order to ensure that certain essential imported drugs and medicines were sold in the reasonable price ..... he has held that the issue of licence by the state drug controller under the drugs and cosmetic act, 1940 detailing their pain balm as an ayurvedic product does not lend any evidentiary value for classifying the product as ayurvedic one ..... on examination of these documents and on enquiries, noticed that the company had obtained a licence from the state drug controller for the manufacture of amrutanjan pain balm as an ayurvedic medicine declaring certain items as ayurvedic ingredients other than the ..... 368 in form 25-d issued by the state drug controller under rule 154 of the drugs and cosmetics act, 1940 for the manufacture of amrutanjan pain balm aryurvedic, licensing them to manufacture amrutanjan pain balm ayurvedic at premises in madras; (ii) a copy of the certificate issued by the principal and chief ..... from the drug controller (ayurvedic) and the classification by chief controller of imports and exports as ayurvedic medicine will not keep the product outside tariff item 14-e relying upon the definition given in section 3(a) of the drugs and cosmetics act, 1940. ..... so to satisfy the conditions under drug control licence and their act was not a clandestine one. ..... act to provide for the control of sale, supply and distribution of drugs .....

Nalinikanta Muduli Vs. State of Orissa

Court : Orissa

Reported in : 2003(II)OLR1

..... offences under the essential commodities act, 1955 (10 of 1954);(v) the prevention of food adulteration act, 1954 (37 of 1954);(vi) the standard of weights and measures (enforcement) act, 1985 (54 of 1985);(vii) the drugs (control) act, 1950 (26 of 1950);(viii) the motor vehicles act, 1988 (59 of 1988);(ix) all organised offences under the aforesaid acts, orders and rules affecting the ..... since corruption could be proved and no charge-sheet was filed against the public servant for commission of offence under the prevention of corruption act, if the principle laid down by the special bench of patna high court is accepted, the vigilance department has no competency to submit a charge sheet against an individual who is not a public servant ..... relating to :(i) evasion of taxes and different control orders;(ii) transit and possession of forest produces as enumerated in sections 45 and 46 of the orissa forest act, 1972 (orissa act 14 of 1972) read with section 56 of the said act;(iii) the orissa timber and other forest ..... the department did not find any evidence to support the charge for commission of offences either under the prevention of corruption act or under the penal code and accordingly the said executive engineer sri dhal was not charged-sheeted. ..... vigilance department that as per clause (c)(ix) of schedule-ii of the notification all organised offences under the aforesaid acts, orders and rules, affecting the pecuniary interests of the state can also be investigated by the vigilance .....

Sonam Vs. State of Haryana

Court : Punjab and Haryana

..... the accused is facing trial in respect of case fir no.359 dated 15.9.2009 under sections 302, 449, 109 read with section 34 of the indian penal code ( in short the ipc) and under sections 5 and 13 of the drugs control act, 1950 registered at police station sadar, rohtak. ..... the learned counsel for the petitioner has submitted that in view of section 12 of the juvenile justice act, 2000, the matriculation certificate is to be given preference in respect to the date of birth. ..... no doubt, under rule 12 of the juvenile justice act, 2000, matriculation certificate has been shown in the first column but in the present case, the prosecution has been able to prove that said certificate is incorrect. .....

Shaber Ayaz and Others Vs. State and Others

Court : Jammu and Kashmir

..... commerce production supply and distribution) act, 2003.4.essential commodities act, 1955 (eca).5.explosive substances act, 1908.6.explosives act, 1884.7.foreigners act, 1946.8.immoral traffic (prevention) act, 1956.9.motor vehicles act, 1988.10.narcotic drugs and psychotropic substances act, 1985.11.passport act, 1967.12.passport entry into india act, 1920.13.prevention of food adulteration act, 1954.14.prevention of money laundering act, 2002.15.army act.16.drug control act, 1950.17.extradition act, 1962.18.information technology act, 2000.19.police forces (restrict of rights) act, 1966.20.railways act, 1989.21.whistle blowers protection ..... act, 2011.22.the securitization and reconstruction of financial .....

Shahnaz Ayurvedics Vs. Commissioner of Central Excise

Court : Allahabad

Reported in : 2004(173)ELT337(All)

..... excise, meerut , the cegat itself held that hajmola candy containing 25% active ingredients as per ayurvedic texts and 75% sugar for taste and as a preservative, manufactured under drug controller's licence under the act 1950 was classifiable as ayurvedic medicine under sub-heading 3003.30 of tariff act 1985 and not as sugar confectionery.58. in b.p.l. ..... still entertaining any doubts, they could have referred the matter to the advisor, ayurveda/sub-commissioner in the office of drug controller of india, director general of health services, new delhi. ..... the product is registered with the drug controller and is being manufactured under a drug licence.another aspect to be kept in mind is that the revenue is bound by the circulars ..... the adjudicating authority as well as the tribunal had never asked for chemical analysis of its product; no report had ever been asked from any drug authorities under the act 1940 about the contents thereof; no product had ever been sent for chemical analysis seeking the report regarding its constituents; no evidence had been led by the revenue to establish ..... the matter was referred to the drug controller who, as stated above, has opined that it ..... 5-12-1991 clearly stipulates that in case of doubt the matter should be referred to the drug controller. ..... it manufactures ayurvedic medicines since 1986 after obtaining the licence under the drugs and cosmetics act, 1940 hereinafter called 'the act 1940' and the rules framed thereunder, hereinafter called 'the rules' .....