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Supreme Court of India 2018-11-30 allowed

State rep. by the Drugs Inspector vs Manimaran

Bench: 2 — R. Banumathi

In Brief

The respondent operated a medical shop selling drugs without a valid licence and failed to disclose the supplier's details when asked. The trial court convicted him under the Drugs and Cosmetics Act, 1940. The High Court reversed the conviction, citing non-examination of former licence holders as fatal. The Supreme Court allowed the State's appeal, holding that the respondent's own written admissions (that he had no licence and was unaware of the requirement) made the examination of other witnesses unnecessary. The Court affirmed the conviction but reduced the prison sentence from one year to three months given the offence occurred ten years prior and the respondent had no prior convictions."

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Criminal Law Regulatory Offences Drug Licensing Evidence Law Revisional Jurisdiction Concurrent Findings

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