• About
  • Submit Article/PR
  • Contact
Saturday, May 24, 2025
No Result
View All Result
  • Login
The Healthcare Daily
WHO COVID DASHBOARD
  • Home
  • News
    • All
    • Biotech
    • By Speciality
    • Generic Drugs
    • Insurance
    • Investment
    • Medical Tourism
    • Pharma
    Ixchiq-the-Chikungunya-Vaccine-Receives-FDA-Approval-thehealthcaredaily

    Ixchiq, the Chikungunya Vaccine, Receives FDA Approval!

    WHO-Emergency-Meeting-Scheduled-Amidst-Gaza-and-West-Bank-Health-Crisis-thehealthcaredaily

    WHO Emergency Meeting Scheduled Amidst Gaza and West Bank Health Crisis

    Controversy-Surrounds-NMC's-Logo-Featuring-Hindu-Deity-thehealthcaredaily

    Controversy Surrounds NMC’s Logo Featuring Hindu Deity

    Bollywood-Star-Ranveer-Singh-Bold-Step-Into-Sexual-Health-Advocacy-thehealthcaredaily

    Bollywood Star Ranveer Singh’s Bold Step Into Sexual Health Advocacy

    Said-Pneumonia-Outbreak-in-China-Prompts-Concerns-Among-Indian-States-thehealthcaredaily

    Said Pneumonia Outbreak in China Prompts Concerns in Indian States

    World-AIDS-Day-2023-Communities-Commended-for-Pioneering-Efforts-in-HIV-Response-thehealthcaredaily

    World AIDS Day 2023: Communities Commended for Pioneering Efforts in HIV Response

    Health-Community-Raises-Urgent-Climate-Change-and-Health-Concerns-Ahead-of-COP28-thehealthcaredaily

    Health Community Raises Urgent Climate Change and Health Concerns Ahead of COP28

    Indian-Health-Ministry-Urge- Vigilance-as-Respiratory-Illness-Clusters-Emerge-thehealthcaredaily

    Indian Health Ministry Urges Vigilance as Respiratory Illness Clusters Emerge in China

    Health-Crisis-in-Gaza-Continue-sWHO's-High-Risk-Evacuation-Mission-thehealthcaredaily

    Health Crisis in Gaza Continues, WHO’s High-Risk Evacuation Mission

  • Insights
    • All
    • Analysis
    • Interview
    • Opinion
    • Reports
    Gynecomastia

    Gynecomastia: Balancing Act – Dangers, Benefits, and Decision-Making

    Inspiring Journeys to Health and Wellness

    Medical Tourism Success Stories: Inspiring Journeys to Health and Wellness

    Wellness Tourism: Understanding Its Mind-Boggling Significance in Your Life

    World-AIDS-Day-2023-Communities-Commended-for-Pioneering-Efforts-in-HIV-Response-thehealthcaredaily

    World AIDS Day 2023: Communities Commended for Pioneering Efforts in HIV Response

    Understanding-Allergies-Identifying-Triggers-and-Seeking-Effective-Treatments-thehealthcaredaily

    Allergies Insight: Identifying Triggers and Pursuing Effective Remedial Measures

    Exploring-Women's-Reproductive-Right-A-Fundamental-Introduction-thehealthcaredaily

    Exploring Women’s Reproductive Rights: A Fundamental Introduction

    Managing Autoimmune Disorders: Lifestyle and Diet Strategies

    Understanding Celiac Disease: Symptoms, Causes, and Diagnosis

    Understanding-Multiple-Sclerosis-Symptoms-Causes,-and-Treatments-thehealthcaredaily

    Understanding Multiple Sclerosis: Symptoms, Causes, and Treatments

  • HealthTech
    • All
    • Hardware
    • Innovation
    • Software
    Augmenting Humanity

    Navigating the Ethical Frontiers of Technological Enhancement – Augmenting Humanity

    Leading Healthcare Cybersecurity Firms: The Best 5

    AI-Powered Diagnostics: Revolutionizing Healthcare with Speed and Precision

    Aidoc Secures $30 Million Funding to Revolutionize AI Imaging

    Telemedicine-in-Healthcare-2023-An-Evaluation-of-Its-Advantages-and-Disadvantages-thehealthcaredaily

    Telemedicine in Healthcare: An Evaluation of Its Advantages and Disadvantages

    A Journey into the Brain: Exploring the Wonders of Deep Brain Stimulation

    Everything-about-Personalized-Medicine-in-2023-Healthcare-Daily

    The Promise of Personalized Medicine: Unlocking a Better Future of Medicine

    10-Most-Promising-Breakthroughs-in-Medical-Research-Thehealthcaredaily

    10 Most Promising Breakthroughs in Medical Research

    Overview-of-healthcare-hackathons-and-competitions-focused-on-healthcare-innovation-thehealthcaredaily

    Overview of healthcare hackathons and competitions focused on healthcare innovation

  • Pharma
  • Events
  • NewsMakers
  • World
  • Home
  • News
    • All
    • Biotech
    • By Speciality
    • Generic Drugs
    • Insurance
    • Investment
    • Medical Tourism
    • Pharma
    Ixchiq-the-Chikungunya-Vaccine-Receives-FDA-Approval-thehealthcaredaily

    Ixchiq, the Chikungunya Vaccine, Receives FDA Approval!

    WHO-Emergency-Meeting-Scheduled-Amidst-Gaza-and-West-Bank-Health-Crisis-thehealthcaredaily

    WHO Emergency Meeting Scheduled Amidst Gaza and West Bank Health Crisis

    Controversy-Surrounds-NMC's-Logo-Featuring-Hindu-Deity-thehealthcaredaily

    Controversy Surrounds NMC’s Logo Featuring Hindu Deity

    Bollywood-Star-Ranveer-Singh-Bold-Step-Into-Sexual-Health-Advocacy-thehealthcaredaily

    Bollywood Star Ranveer Singh’s Bold Step Into Sexual Health Advocacy

    Said-Pneumonia-Outbreak-in-China-Prompts-Concerns-Among-Indian-States-thehealthcaredaily

    Said Pneumonia Outbreak in China Prompts Concerns in Indian States

    World-AIDS-Day-2023-Communities-Commended-for-Pioneering-Efforts-in-HIV-Response-thehealthcaredaily

    World AIDS Day 2023: Communities Commended for Pioneering Efforts in HIV Response

    Health-Community-Raises-Urgent-Climate-Change-and-Health-Concerns-Ahead-of-COP28-thehealthcaredaily

    Health Community Raises Urgent Climate Change and Health Concerns Ahead of COP28

    Indian-Health-Ministry-Urge- Vigilance-as-Respiratory-Illness-Clusters-Emerge-thehealthcaredaily

    Indian Health Ministry Urges Vigilance as Respiratory Illness Clusters Emerge in China

    Health-Crisis-in-Gaza-Continue-sWHO's-High-Risk-Evacuation-Mission-thehealthcaredaily

    Health Crisis in Gaza Continues, WHO’s High-Risk Evacuation Mission

  • Insights
    • All
    • Analysis
    • Interview
    • Opinion
    • Reports
    Gynecomastia

    Gynecomastia: Balancing Act – Dangers, Benefits, and Decision-Making

    Inspiring Journeys to Health and Wellness

    Medical Tourism Success Stories: Inspiring Journeys to Health and Wellness

    Wellness Tourism: Understanding Its Mind-Boggling Significance in Your Life

    World-AIDS-Day-2023-Communities-Commended-for-Pioneering-Efforts-in-HIV-Response-thehealthcaredaily

    World AIDS Day 2023: Communities Commended for Pioneering Efforts in HIV Response

    Understanding-Allergies-Identifying-Triggers-and-Seeking-Effective-Treatments-thehealthcaredaily

    Allergies Insight: Identifying Triggers and Pursuing Effective Remedial Measures

    Exploring-Women's-Reproductive-Right-A-Fundamental-Introduction-thehealthcaredaily

    Exploring Women’s Reproductive Rights: A Fundamental Introduction

    Managing Autoimmune Disorders: Lifestyle and Diet Strategies

    Understanding Celiac Disease: Symptoms, Causes, and Diagnosis

    Understanding-Multiple-Sclerosis-Symptoms-Causes,-and-Treatments-thehealthcaredaily

    Understanding Multiple Sclerosis: Symptoms, Causes, and Treatments

  • HealthTech
    • All
    • Hardware
    • Innovation
    • Software
    Augmenting Humanity

    Navigating the Ethical Frontiers of Technological Enhancement – Augmenting Humanity

    Leading Healthcare Cybersecurity Firms: The Best 5

    AI-Powered Diagnostics: Revolutionizing Healthcare with Speed and Precision

    Aidoc Secures $30 Million Funding to Revolutionize AI Imaging

    Telemedicine-in-Healthcare-2023-An-Evaluation-of-Its-Advantages-and-Disadvantages-thehealthcaredaily

    Telemedicine in Healthcare: An Evaluation of Its Advantages and Disadvantages

    A Journey into the Brain: Exploring the Wonders of Deep Brain Stimulation

    Everything-about-Personalized-Medicine-in-2023-Healthcare-Daily

    The Promise of Personalized Medicine: Unlocking a Better Future of Medicine

    10-Most-Promising-Breakthroughs-in-Medical-Research-Thehealthcaredaily

    10 Most Promising Breakthroughs in Medical Research

    Overview-of-healthcare-hackathons-and-competitions-focused-on-healthcare-innovation-thehealthcaredaily

    Overview of healthcare hackathons and competitions focused on healthcare innovation

  • Pharma
  • Events
  • NewsMakers
  • World
No Result
View All Result
The Healthcare Daily
No Result
View All Result
Home Insights

Only Drug Inspectors hold prosecution powers under the D&C Act 1940: SC

Judgement pronounced in 'UOI vs. Ashok Kumar Sharma' Case.

by Admin
September 21, 2020
in Insights, News, Pharma, Policy, Reports
Reading Time: 2 mins read
0
Only Drug Inspectors hold prosecution powers under the D&C Act 1940: SC
0
SHARES
Share on FacebookShare on Twitter

THD News Desk, NEW DELHI: The Supreme Court recently announced that police will have no prosecution powers in respect of the Drugs and Cosmetics Act, 1940. The verdict was announced on the Union of India Vs. Ashok Kumar Sharma case. The Supreme Court verdict implies that the police can not arrest/register or file an FIR against any offender under this Act.

D&C Act, 1940 regulates the import, manufacture, and distribution of drugs and cosmetics in India. The primary object of the Act is to ensure that the drugs sold in India are safe and unadulterated, at par with the state quality standards.

The Bench comprising of Justices S K Kaul and K M Joseph quashed an FIR registered by the police under the same Act. Upholding the Allahabad High Court verdict, SC reiterated that neither the CrPC nor Section 32 of the D&C Act will allow any intrusion by the police in the respectively listed offenses. 

Facts of the case –

  1. Commissioner (Food Protection and Drugs) ordered for an inquiry, acting on an online complaint, followed by an order to the Drug Inspector to investigate the Clinic and Pharmaceutical. 
  2. The owner of the medical store was found stocking medicines in the absence of a license and was charged under Section 18 and 27 of the D&C Act, 1940.
  3. The owner filed a writ petition appealing for the dismissal of the FIR 
  4. The High Court referred to Section 32 of the D&C Act and announced that only a Drug Inspector can make an arrest/press charges against the offender
  5. The Supreme Court gave a judgment concurrent to the High Court’s impugned order. 

The Apex Court held that solely the Drug Inspectors appointed by the Central or State government are entitled to the powers mentioned under Section 22(1). The list includes the power to –

 a). Inspect and search any place or vehicle wherein any drug/cosmetics is being manufactured, sold, stocked, or distributed,

b). Take samples of the drug/cosmetic for examination,

c). Record any potential evidence discovered

d). Register an FIR against the offender.

Further, the Act provides for assistance by the police while conducting a search operation. 

Narendra Ahooja, Drug Controller, Haryana while welcoming the decision suggested that “to implement the Court order in its truest sense, state FDA’s need to be strengthened with required infrastructure and facilities”.

Undoubtedly though, the Supreme Court verdict has cleared the ambiguity surrounding the Drugs and Cosmetics Act, marking the authority and jurisdiction by Drug Inspectors exclusive.

Admin

Admin

Next Post
Indian Government promulgates Research and Development method of COVID-19 Vaccine candidates

Indian Government promulgates Research and Development method of COVID-19 Vaccine candidates

Recommended

All you need to know about thyroid cancer (Symptoms, diagnosis and treatment)

All you need to know about thyroid cancer (Symptoms, diagnosis and treatment)

3 years ago
New wave of sickness emerges in Eluru, Andhra Pradesh

New wave of sickness emerges in Eluru, Andhra Pradesh

4 years ago

About Us

A daily dose of news, views, opinions, and actionable information from the global healthcare industry. Our newsletter is available for a limited audience. If you are interested to write or contribute to this portal then please get in touch.

Important Links

  • Home
  • World
  • Business
  • Health

Recent News

Gynecomastia: Balancing Act – Dangers, Benefits, and Decision-Making

Medical Tourism Success Stories: Inspiring Journeys to Health and Wellness

  • About
  • Submit Article/PR
  • Contact

© 2025 - The Healthcare Daily

No Result
View All Result
  • Home
  • World
  • Business
  • Health

© 2025 - The Healthcare Daily

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In