FIZIKEM LABORATORIES PVT LTD Vs. DRUGS INSPECTOR KARIMNAGAR

JUDGEMENT

(1.) The principal question to be decided in this batch of criminal petitions filed Section 482 of the Code of Criminal Procedure (for short "the Code") is with regard to the jurisdiction of the Drug Inspector appointed under Section 21 of the Drugs and Cosmetics Act, 1940 (for short "the Act") to launch prosecution under Section 32 for the alleged offences said to have been committed under the Act in connection with the manufacture and sale of Ayurvedic drugs-ozomen capsules and ozomen Forte.

(2.) As these petitions raise a point of some significance in relation to the proper construction and interaction of Secs. 33-A, 33-B. 33-EEC, 33-G, 33-M of the Act, Therefore, they are extracted hereunder:

(3.) In this context it is appropriate to notice the provision for taking cognizance of the offence for violation of Chapter IV. Section 32 reads as under: