STATE OF KERALA vs ORISON J FRANCIS

The Supreme Court upheld the applicability of Section 18(c) and Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940, affirming that the accused's claim of the seized products being Ayurvedic drugs does not exempt them from prosecution for manufacturing and selling drugs without a license. The Court emphasized that the determination of whether the goods are Ayurvedic or Allopathy drugs is a matter for trial, and the absence of a proper license at the time of seizure is a critical factor. The judgment of the High Court quashing the proceedings was set aside, allowing the prosecution to continue.