Drugs & Cosmetics Act, 1940–Secs. 18(a)(vi) r/w. Sec. 27(d)–Prosecution for the offence–Permissibility–Allegation against the appellants that they sold nitrous oxide IP to accused no. 3 which did not have the licence for sale–Appellant no. 1 and accused no. 3 had possessed the licence under Form No. 25–It authorizes the sale by way of wholesale dealing and storage for sale by the licensee of the drugs manufactured under the licence–Both are holding the licence for manufacture, they will be entitled to carry out any process or part of process which includes altering or breaking up with a view to its further sale or distribution–Even if the allegations made in the complaint are taken at its face value, no case is made out for the offence punishable u/s. 18(a)(vi) r/w. 27(d)–Impugned order of summoning is liable to be quashed.
