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Cadila Pharmaceuticals (M/s.) Ltd. & Anr. vs. State of Raj. & Anr.

52.00 5.20

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Drugs & Cosmetics Act, 1940–Secs. 18(a)(i),18(a)(iv) & 27(d) r/w. Sec. 16(1)(a)–Cognizance for the offence–Justification–While passing the impugned cognizance order, the learned Magistrate has not assigned any reason as how a prima facie case is made out against the petitioners for proceeding against them for the above offences–A totally non-speaking order has been passed in a very cursory manner–Same is not tenable in the eyes of law and is liable to be quashed and set aside–Matter remitted back to pass a reasoned and speaking order afresh after due application of judicial mind.