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march 2008

Supreme Court of India · 2008-03-24

Drugs Inspector & Anr vs Fizikem Laboratories Pvt. Ltd.& Anr

Citation / case number
AIR 2008 SUPREME COURT 1932
Court
Supreme Court of India
Petitioner
Drugs Inspector & Anr
Respondent
Fizikem Laboratories Pvt. Ltd.& Anr
Author
A.K. Mathur
Bench
A.K.Mathur, Altamas Kabir

Judgment text excerpt

The Supreme Court ruled that a Drugs Inspector appointed under Section 21 of the Drugs and Cosmetics Act, 1940 lacks jurisdiction to prosecute under Section 32 for offences related to the manufacture and sale of Ayurvedic drugs containing sildenafil citrate, as the respondents did not possess the necessary license for such manufacture. The Court clarified that prosecution for contraventions of Sections 18 and 19(a)(i) requires a specific licensing authority, and thus the prosecution initiated was invalid. The appeal was allowed, overturning the High Court's decision.

Drugs Inspector & Anr vs Fizikem Laboratories Pvt. Ltd.& Anr · Niyam