Supreme Court of India
The Drugs Inspector and Anr. v. M/s. Fizikem Laboratories Pvt. Ltd. and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In the result, we allow this appeal and set aside the order passed by the High Court and direct that the Inspector appointed under Chapter IV is competent to launch prosecution for the aforesaid sections against the accused.
Judgment, page 13
From the headnote
Drugs and Cosmetics Act, 1940: ss.18, 19 rw s.17B(d), s.27(b)(fi) -Adulteration and misbranding in Ayurvedic drugs - Ozomen capsules and Ozomen forte containing 55.2 mg of c sildenafil citrate per capsule - Accused holding allopathic and Ayurvedic licence but not holding licence to manufacture sildenafil citrate - Prosecution launched under Chapter IV - High Court quashed proceeding holding that since ozomen capsule had component like sildenafil citrate, therefore, they ) are misbranded, spurious or adulterated for which prosecution could be only launched under Chapter /VA- Correctness of-
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