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Supreme Court of India · 2008-03-24

THE DRUGS INSPECTOR vs M/S. FIZIKEN LAB. PVT. TLD.

Citation / case number
SC 2006/24209
Court
Supreme Court of India
Petitioner
THE DRUGS INSPECTOR
Respondent
M/S. FIZIKEN LAB. PVT. TLD.
Author
ALTAMAS KABIR A.K.MATHUR
Bench
ALTAMAS KABIR A.K.MATHUR

Judgment text excerpt

The Supreme Court held that the Drugs Inspector appointed under Section 21 of the Drugs and Cosmetics Act, 1940, has jurisdiction to prosecute for offences under Section 32 of the Act, including the manufacture and sale of misbranded Ayurvedic drugs. The Court clarified that the lack of a specific license for manufacturing sildenafil citrate does not exempt the respondents from prosecution for violations related to the sale of such drugs. The appeal was allowed, overturning the High Court's decision that limited the Inspector's prosecutorial authority.

THE DRUGS INSPECTOR vs M/S. FIZIKEN LAB. PVT. TLD. · Niyam