S.18 Drugs & Cosmetics Act | Dealer/ Distributor Not Liable If He Acquires Drug From A Licensed Manufacturer

Case: Neena Gupta Vs UT of Ladakh

Coram: Justice Sanjay Dhar

Case No.: CRM(M) No.01/2021

Court Observation: “The burden to prove the aforesaid conditions would be upon the concerned dealer but then in the instant case there are averments in the impugned complaint which indicate that the drug in question was stored properly by the petitioners who had, admittedly, acquired the same from a duly licensed manufacturer”

“Once it is shown from the material on record that the conditions mentioned in Section 19(3) of the Drugs and Cosmetics Act have been satisfied by the petitioners, they could not have been prosecuted by the respondent Drugs Inspector”

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Keywords

Licensed Manufacturer, Drugs & Cosmetics Act, Distributor Not Liable