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case_law:important_decisions_drugs_and_cosmetics_act_july_2018_211122122018

IMPORTANT DECISIONS : DRUGS AND COSMETICS ACT,1940 July 2018

Ss.36(AB) (as amended), 18(a)(i), 17, 17-B, 16, 18-A - Special Court - Manufacturing/sale of spurious and misbranded drugs - Petitioners were charge sheeted when amendment to S.36(AB) already came into force - S.36(AB) of the Act provides trial of offences relating to spurious drugs by 'Special Courts' only - Trial Court failed to notice the amended provision and should have transferred the case to appropriate forum - Since trial Court has no jurisdiction to try the complaint, therefore, trial is vitiated - Impugned order of trial Court being without jurisdiction, held, nullity and set aside. (P&H) 020

Ss.36(AB) (as amended), 18(a)(i), 17, 17-B, 16, 18-A - Special Court - Manufacturing/sale of spurious and misbranded drugs - Trial held to be nullity and non est being conducted by Court having no jurisdiction - Complaint pertains to 2007 and 11 years have already elapsed since institution of complaint - Petitioners cannot be held responsible for long trial because prosecution is to blame for delay - Moreover, charge u/s 17-B of the Act is not sustainable in law as none of ingredients of said section are made out in the case - It is thus, not justified to subject petitioners to another trial by a competent Court of law - Accused acquitted. (P&H) 020


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Created on 2020/10/19 23:12 by • Last modified on 2020/11/07 18:32 (external edit)