SCALE (1)139
ACT:
Drugs and Cosmetics Act, 1940 -Offences under sec. 18
(c) , (Sale without licence); under sec. 18(a)(i) , (Selling
sub-standard ... manager. The first appellant holds a licence
under the Drugs and Cosmetics Act, 1940 for re-packing of
drugs mentioned in the list which forms
petitions relate to the
interpretation of Section 26A of the Drugs and Cosmetics Act,
1940 (hereinafter referred to as “the Drugs Act ”). By the
impugned ... Central Government. He further referred to the Drugs and
Cosmetics Rules, 1945 (hereinafter referred to as the “Drugs
Rules”), in particular Rules 21, 68A, 122A
consumer has the
fundamental right to know whether the food products, cosmetics and drugs
available for human consumption are of non-vegetarian or vegetarian origin ... ordered as follows:
"In so far as cosmetics are concerned, the same must be treated
at par with articles/packages of food
arrived at a conclusion that the product is
not medicament but cosmetic after considering the
commercial parlance test and primary user of the product ... assessee
had obtained the license for manufacture of ASL as a
cosmetic product and not as a medicinal product. This
Court while rejecting the assessee
stand of the Department is that the said product is a
cosmetic/toiletry preparation/tooth powder classifiable under
Chapter Heading 33.06.
2
2. The true ... Sangraha is
notified under the First Schedule of the Drugs and Cosmetics
Act, 1940 ( for short `Act, 1940'). It is also the case
Colfax') was granted
a licence to manufacture various types of cosmetics including after shave
lotion under the trade mark 'Old Spice ... under the Drugs and
Cosmetics Act . A licence under the Medicinal and Toilet Preparations
(Excise Duties) Act, 1955 (for short
premises and alleged contravention of S.18(c)
of the Drugs and Cosmetics Act 1940 read with Rule 65(5)(1)(b) of the
Drugs ... Cosmetics Rules 1945. It was claimed that the Appellants
broke up the bulk quantity of pyridoxal-5-phosphate and sold it to
different distributors
subsequent to 1.3.1986) as
claimed by the appellants or whether they are cosmetics or
toilet preparations falling under the erstwhile tariff item
14F (prior ... Department.
The Tribunal held that the products in question are
'cosmetics' and not 'medicament' on the basis that boric
acid, salicylic
Rule 50-A of the Rules framed under the Drugs and Cosmetics Act, 1940 prescribes qualifications of a Controlling Authority. Rule ... Drugs and Cosmetics Rules, 1945 is as follows:
Rule 50-A : Qualifications of Controlling Authority :-
(1) No person shall be qualified to be a Controlling
Section 33I in The Drugs And Cosmetics Act, 1940
33I. Penalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this
