Supreme Court of India · 2008-11-04
State Of Kerala vs Orison J Francis & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 500
- Court
- Supreme Court of India
- Petitioner
- State Of Kerala
- Respondent
- Orison J Francis & Anr
- Author
- Arijit Pasayat
- Bench
- Lokeshwar Singh Panta, C.K. Thakker, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the quashing of proceedings under Section 18(c) and Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940, concerning the manufacture and sale of drugs without a license. The Court held that the classification of the seized products as Ayurvedic or Allopathy drugs is a matter for trial, and the High Court's interference was unwarranted given the lack of a valid license by the accused. The Court emphasized that the authority of the Drug Inspector to file the complaint was valid, and the absence of prior sanction under Section 33M was not a ground for quashing the proceedings.