INOX AIR PRODUCTS LIMITED INOX AIR PRODUCTS LIMITED v. THE STATE OF ANDHRA PRADESH
Discusses interpretation of "manufacture", Magistrate's duty when issuing summons, and the meaning of "subject to".
Court: Supreme Court of India
Citation: 2025 INSC 128
Decision Date: 30-01-2025
List of Laws
Code of Criminal Procedure, 1973; Drugs and Cosmetics Act, 1940; Drugs and Cosmetics Rules, 1945; General Principles of Law
- Code of Criminal Procedure, 1973: Section 482 CrPC was invoked by the appellants in Criminal Petition No. 4148 of 2018 before the High Court of Judicature of Andhra Pradesh at Amravati, praying for calling of the records pertaining to C.C. No. 71 of 2018 on the file of the Trial Court and to quash the same against the appellants. The High Court dismissed the criminal petition filed under Section 482 CrPC.
- Drugs and Cosmetics Act, 1940: Section 3(f) defines "manufacture" in relation to any drug or cosmetic. The court notes that the term ‘manufacture' is an inclusive term and has a wide scope, including any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution, but does not include the compounding or dispensing of any drug, or the packing of any drug or cosmetic, in the ordinary course of retail business. Section 18 discusses the "Prohibition of manufacture and sale of certain drugs and cosmetics". Section 18(a)(vi) prohibits the manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale, or distribute any drug or cosmetic in contravention of any of the provisions of this Chapter or any rule made thereunder. Section 27 outlines the "Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter". Section 27(d) prescribes the punishment for contravention of any other provision of this Chapter or any rule made thereunder. Section 34 discusses the responsibility of the in-charge person for the business of the appellant No.1.
- Drugs and Cosmetics Rules, 1945: Rule 65 discusses the "Condition of licences". The judgment refers to Rule 65(5)(1) which states that subject to the other provisions of these rules the supply of a drug by wholesale shall be made against a cash or credit memo bearing the name and address of the licensee and his licence number under the Drugs and Cosmetics Act in which the following particulars shall be entered. Rule 70 deals with “Form of licence to repack or manufacture drugs other than those specified in Schedules C and C(1)". The judgment also refers to Form 20B [See rule 61(1)] which is a "Licence to sell, stock or exhibit or offer for sale, or distribute by wholesale, drugs other than those specified in Schedules C, C(1) and X". The judgment also refers to Form 25 [See Rule 70] which is a "Licence of manufacture for sale or for distribution of drugs other than those specified in Schedules C, C(1) and X".
- General Principles of Law: The judgment discusses the importance of application of mind by the Magistrate while issuing summons to the accused. It emphasizes that summoning an accused in a criminal case is a serious matter and the order of the Magistrate must reflect that he has applied his mind to the facts of the case and the law applicable thereto. The judgment also discusses the interpretation of the term "subject to" and states that the licence under Form 25 would be liable, subordinate, subservient, inferior, obedient to; governed or affected by the licence under Form 20B.
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