https://www.taxtmi.com/caselaws?id=403552 A cryptic cognisance order that merely notes perusal of records and issuance of summons does not show application of judicial mind and is non-compliant with law. Summons also cannot be issued against accused residing outside the Magistrate's territorial jurisdiction without the mandatory pre-summons inquiry, and bypassing that safeguard is impermissible. On the alleged Drugs and Cosmetics Act violation, an intermediary operating a marketplace is not criminally liable for a third-party seller's act where it neither manufactured, stocked, sold, exhibited, nor offered the drug for sale and the statutory ingredients are not made out. An unexplained and inordinate delay in filing the complaint further renders the prosecution unsustainable. en-us Thu, 07 Jan 2021 00:00:00 +0530 Tue, 02 Feb 2021 14:02:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=403552 A cryptic cognisance order that merely notes perusal of records and issuance of summons does not show application of judicial mind and is non-compliant with law. Summons also cannot be issued against accused residing outside the Magistrate's territorial jurisdiction without the mandatory pre-summons inquiry, and bypassing that safeguard is impermissible. On the alleged Drugs and Cosmetics Act violation, an intermediary operating a marketplace is not criminally liable for a third-party seller's act where it neither manufactured, stocked, sold, exhibited, nor offered the drug for sale and the statutory ingredients are not made out. An unexplained and inordinate delay in filing the complaint further renders the prosecution unsustainable. Case-Laws Indian Laws Thu, 07 Jan 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=403552