Supreme Court · 2008 INSC 393 · Decided 24 March 2008
The Drugs Inspector and ANR. v. M/S. Fizikem Laboratories PVT. LTD. and ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 393 · [2008] 5 S.C.R. 465
- Case number
- CRIMINAL APPEAL No. 533/2008
- Decided
- 24 March 2008
- Bench
- A.K. MATHUR, ALTAMAS KABIR (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482
Headnote
Drugs and Cosmetics Act, 1940: ss.18, 19 rw s.17B(d), s.27(b)(fi) -Adulteration and misbranding in Ayurvedic drugs - Ozomen capsules and Ozomen forte containing 55.2 mg of c sildenafil citrate per capsule - Accused holding allopathic and Ayurvedic licence but not holding licence to - Prosecution launched under Chapter IV - High Court quashed proceeding holding that since ozomen capsule had component like sildenafil citrate, therefore, they D ) are misbranded, spurious or adulterated for which prosecution could be only launched under Chapter /VA- Correctness of- Held: Not
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)