Supreme Court of India · 1998-04-30
STATE OF HARYANA vs BRIJ LAL MITTAL .
- Citation / case number
- SC 1997/10276
- Court
- Supreme Court of India
- Petitioner
- STATE OF HARYANA
- Respondent
- BRIJ LAL MITTAL .
- Author
- SYED SHAH MOHAMMED QUADRI M.K. MUKHERJEE
- Bench
- SYED SHAH MOHAMMED QUADRI M.K. MUKHERJEE
Judgment text excerpt
The Supreme Court held that the prosecution under Section 27 of the Drugs and Cosmetics Act, 1940 was invalid as it was initiated after the shelf life of the drugs had expired, thus depriving the accused of their right under Section 25(4) to have the drugs tested by the Central Drugs Laboratory. The Court emphasized that timely prosecution is essential to uphold the rights of the accused in drug-related offenses. Consequently, the High Court's decision to quash the proceedings against the directors was upheld, affirming the importance of procedural safeguards in criminal prosecutions.