Srinagar- The High Court of J&K and Ladakh has asked authorities to ensure complaints under the Drugs and Cosmetics Act, 1940, are not quashed at the initial stage only on account of technical defects.
“….this Court would like to note that majority of the prosecutions initiated under the Drugs and Cosmetics Act, 1940 fail at the threshold only, in both the Union Territories of J&K and Ladakh, just because of non-compliance of the procedure envisaged under the Act,” a bench of Justice Rajnesh Oswal said.
“This court has come across, number of complaints wherein either the Company is not arrayed as an accused, as in the present case, or the Director(s) is/are arrayed as accused without making any averment in the complaint in respect of his/their role in the commission of offences,” the court said, adding, “The defects pointed out by this court can be taken care of by providing the proper training to the officers concerned in respect of the technical requirements of law.”
The court expressed hope that concerned authorities shall examine and look into the concerns shown by it and take corrective measures so as to ensure that the complaints under the Drugs and Cosmetics Act, 1940, are not quashed at the initial stage only on account of technical defects.
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