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april 1998

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.

STATE OF HARYANA vs BRIJ LAL MITTAL . · Niyam