Supreme Court · 1998 INSC 108 · Decided 20 February 1998
State of Orissa v. Janmejoy Dinda
- Court
- Supreme Court of India
- Citation
- 1998 INSC 108 · [1998] 1 S.C.R. 1034
- Case number
- CRIMINAL APPEAL No. 219/1998
- Decided
- 20 February 1998
- Bench
- M.K. MUKHERJEE, K.T. THOMAS (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
Headnote
Drugs and Cosmetics Act, 1940 : Sections 18-A, 27(b)(ii) and 28-Search and seizure-Nursing Home- C Stock of medicinal drugs for sale-No valid licence-Purchase invoice not produced-Failure to disclose name and address of the person from whom the drugs were acquired-Conviction and sentence passed by 18-A not applicable to accused as he was neither a manufacturer nor an agent-On appeal, Held, section 18-A applies to any D person other than manufacturer or agent of drug-Acquittal based on faulty premise-Hence set aside. Section 27(b)(ii)-Held, High Court has jurisdiction to reduce sentence of
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