M/S Sbs Biotech vs State Of Himachal Pradesh on 17 June, 2025

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1. Learned counsel appearing for the petitioner(s) submits that

even from the admitted allegations, the offence punishable under

Section 18a(vi) of the Drugs and Cosmetics Act, 1940 [for short

“The Act”] is not made out. He urges that the highest case as set

up by the complainant-Drug Inspector in the complaint filed against

the petitioner(s) is regarding irregularity in maintenance of

record and non-furnishing of information which constitutes an

offence under Section 18B of the Act. The said offence is

punishable with imprisonment for a term which may extend to one

year as per Section 28A of the Act. As a consequence by virtue of

Section 36A of the Act, the offence would have to be tried by a

Judicial Magistrate of 1st Class in a summary manner and the

Sessions Judge is not having jurisdiction to try the case.



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