same
is contrary to Rule 49 of the Drugs and Cosmetics
Rules, 1945.
The impugned notification dated 13.11.2018
(Annexure P-10) was issued by Governor ... present writ
petition in view of provisions of Drugs and Cosmetics
Act, 1940 and Notification dated 13.10.2018,
Annexure P-10, issued by the State Government
made out , at the most it can be under the Drug and Cosmetics
Act,1940 and percentage is to be taken into consideration ... drugs,
upto a maximum of three years imprisonment. Therefore, the Drugs
and Cosmetics Act, 1940 and The Drugs (Control) Act, 1950 were
also enacted
sale of medicines
as provided by Rule 64 of the Drugs
and Cosmetics Rules, 1945. The report
reveals that there are 32000 retail
outlets ... Scheduled-X
drugs as detailed in those schedules
appended with Drugs & Cosmetic
Rules, 1945, (for brevity 'the Rules'),
which cannot be sold
offence punishable under Section 27 (a) of
the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Act), and
sentenced to undergo rigorous imprisonment ... terms of Rules 56 and 145A of the Drugs and Cosmetics
Rules, 1945). Madan Lal made his statement on Form-17 which was signed
Drugs and
Cosmetics Act, 1940 (for short 'DC Act'), Sections 3 & 7 of the Essential
Commodities Act (for short ... counsel further argues that as per Section
32 of the Drugs and Cosmetics Act, no cognizance can be taken
by the Court, except on complaint
clause (iii) of clause (ee) of R. 2 of the drugs anal Cosmetics Rules, 1945 (for short to bc referred as 'the Drug Rules ... made under the; provisions of the Drugs and Cosmetics Act, 1940 , hereinafter referred to as the 'Drug Act', the Government of Punjab
substances
specified in Schedule "C" of the Drugs and Cosmetic
Rules, 1945; or
ii) Who have not less than 18 months experience ... substances in Schedule
"C" of the Drugs and Cosmetic Rules, 1945; in a
laboratory approved for this purpose by the licensing
authority
police from his shop are manufactured under the Drugs and Cosmetics Act, 1940 under the proper licenses taken by the manufacturers. Item ... memo contains salt Alprazolam which fall under Schedule H of Drugs and Cosmetics Rules, 1945 at serial No. 15. Item
Rather, the recovered drugs being
come under the Drugs and Cosmetics Act . It is further stated by learned
counsel for the petitioner that that ... drugs
for sale & distribution being scheduled drugs
formulations under Drugs & Cosmetics Act
1940. Further the drug pheniramine is anti-
allergic scheduled drug, hence
purposes are covered under Schedules H, H1 and X of Drugs and
Cosmetics Rules, 1945 (hereinafter referred to as 'the 1945 Rules ... have been made in Rules 65 and 97 of the Drugs
and Cosmetic Rules relating to the conditions of license and labelling of the
drugs