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 Case Digest

Drugs and Cosmetics Act, 1940
Section 17B, 18 and 19
Section 17B, 18 and 19
No prohibition in any of the provisions of the Act that a dealer cannot be prosecuted for sale of spurious drug or drug of below standard quality without manufacturer being made a co-accused - Such a conclusion by the High Court is not borne out from the provisions of the Act - the High Court of Andhra Pradesh in its order totally overlooked the provisions contained in sub-section (1) of section 19 of the Act which denies defence plea to the accused that 'he was ignorant of the nature, substance and quality of the drug or the circumstances of its manufacture'. The only defence available to him as set out in clause (b) of sub-section (3)is that ' he did not know and could not, with reasonable diligence have ascertained, that the drug or cosmetic in any way contravened the provisions of the Act'. This defence plea, if at all available to the accused would be considered in accordance with sub-section (1) read with sub-section (3) of section 19 of the Act only after the prosecution has led its evidence to prove its case.
The State of Andhra Pradesh vs. M/s. Venu Veterniary Division, SUPREME COURT OF INDIA , 2003 Drugs Cases 32


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