Drugs&cosmetics Act

5 years ago

A whole sale medicines distributor sold medicines medicines to retail medical shop,both having valid drug licence.
Subsequently,the same retailer started another nursing home& new retail shop in another town without drug licence & the retailer himself has transferred some medicine to new shop.The wholesaler has no knowledge about this.But the drug inspector conducted search of new retail shop & sized the medicenes.The D.I. also visited the wholesale shop but did not found any any information.In reply to the notice,the wwholseller furnished copies sale bills& sale extract of ledger.Inspite of this,the D.I.filed case before the Dist.Magistre adding the wholesaler as one of the accused apart from new retailer & other wholesalers.As a matter of fact we have not effected any sales to new shop.Wholesaler filed vakalat thru his lawyer.Is the case filed by D.I.is valid& maintainable?Is here any case law in favour of wholesaler?

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client you should file for quashing of FIR in the high court and the criminal proceedings against the whole seller, Also, File a Writ Petition under Article 226 of the Indian Constitution.

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Sanjay Kumar Jha

Responded 5 years ago

A.Dear Client,
You should file for quashing of FIR in the high court and the criminal proceedings against the whole seller, Also, File a Writ Petition under Article 226 of the Indian Constitution,

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ROBERT D ROZARIO

Responded 5 years ago

A.File a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC in the high court for quashing the FIR and the criminal proceedings against the wholeseller

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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Syed Saab,
One has to go as per the licence issued on certain terms and conditions.
Any violations would attract penal action.
So better you get in touch with some local Advocates or get in touch with Vidhikarya.com who can sort out the matter pending in the Office of the Drugs Controller of your State.
Shanti Ranjan Behera
Advocate

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Just approach the High Court and get deleted the Wholesaler from the FIR or criminal case by explaining mischief played by the retailer.

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Rameshwar Dadhe

Responded 5 years ago

A.Dear sir u should maintion which stage on Ur case

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Rajender Prasad

Responded 5 years ago

A.you have not mentioned the facts of the case. For details, pl contact some advocate through vidhikaryacom

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