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Under Section 23(4) Of Drugs & Cosmetics Act, manufacturer is entitled to receive one sample of seized goods : Rajasthan High Court

The High Court of Rajasthan, through learned judge, Justice Birendra Kumar in the case of  Vivek Pharmachem (India) Ltd vs State Of Rajasthan (S.B. Criminal Writ Petition No.1657/2021) held that under Section 23(4) Of Drugs & Cosmetics Act, manufacturer is entitled to receive one sample of seized goods

BRIEF FACTS:  The Drug Inspector sent a notice to the petitioner  stating therein that certain drugs were seized from the drugstore Community Health Centre, Kota. The housekeeper informed that he had procured the said Drugs from the District Drug Warehouse, Kota and DDW informed that the petitioner was the manufacturer of the said Drugs. The Inspector informed the petitioner that the Drugs were not of standard quality, for the reasons mentioned in the notice. The petitioner filed an application before the Chief Judicial Magistrate, Kota for supplying one portion of the sample of the Drugs out of total four samples required to be prepared in view of the provisions of Section 23(3) of the Drugs and Cosmetics Act, 1940.

FINDINGS OF THE COURT: The court observed that a bare perusal of the provisions of Section 23(4)(iii), it was clear that one part of the sample shall be sent to the person, whose name and address has been disclosed under Section 18A as manufacturer. Section 18A of the Act requires disclosure of the name of the manufacturer and not only of the Stockists. The court remarked that notice to the petitioner revealed that the name of the petitioner was disclosed as manufacturer under Section 18A and therefore, the petitioner was entitled for one sample of the seized Drugs to protect/defend his right and interest in the pending proceedings.

JUDGEMENT REVIEWED BY – AMRUTHA K

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