Supreme Court · 2008 INSC 1235 · Decided 4 November 2008
State of Kerala v. Orison J Francis & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1235 · [2008] 15 S.C.R. 428
- Case number
- CRIMINAL APPEAL No. 1723/2008
- Decided
- 4 November 2008
- Bench
- ARIJIT PASAYAT, C.K. THAKKER, LOKESHWAR SINGH PANTA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; Constitution Article 226
Headnote
Drugs and Cosmetics Act, 1940 - ss.3(a), 3(b) and 18 C (c) rlw 27(b)(ii) - Complaint that Respondents were manufacturing, selling and storing drugs within definition of s.3(b), without requisite licence - Proceedings in Court of Judicial Magistrate - Respondents filed petition under that the drugs seized belonged to o "Ayurvedic" category which are dealt with under s.3(a) and not under s.3(b) and hence the said complaint could not have been filed - High Court quashed proceedings instituted v against the Respondents - On appeal, held: Whether the goods seized
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