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

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