2002 (9) TMI 306

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....he Act"). 4. In exercise of the powers under Section 482 of the Code of Criminal Procedure by the impugned order dated 5-9-2001 the learned Single Judge of the High Court of Andhra Pradesh has quashed the criminal proceedings instituted against the respondents. Aggrieved by the impugned order of quashing of the criminal proceedings the State of Andhra Pradesh has preferred this appeal. 5. The learned counsel appearing for the State of Andhra Pradesh submits that the learned Single Judge of the High Court has misunderstood the provisions of the Act under which the prosecution was initiated by the State and erroneously relied on a Division Bench decision of the same High Court delivered on 9-11-1996 in Sri Venkata Raman (Medical Agencie....

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.... with sub-clause (vi) of clause (a), clauses (b) and (c) reads as under: "18. Prohibition of manufacture and sale of certain drugs and cosmetics. - From such date as may be fixed by the State Government by notification in the Official Gazette in this behalf, no person shall himself or by any other person on his behalf- (a) manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale, or distribute - (i)-(v)  *    *    * (vi) any drug or cosmetic in contravention of any of the pro visions of this Chapter or any rule made thereunder; (b) sell or stock or exhibit or offer for sale, or distribute any drug or a cosmetic which has been imported or manufactured in contra....

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....Pleas. - (1) Save as hereinafter provided in this section, it shall be no defence in a prosecution under this Chapter to prove merely that the accused was ignorant of the nature, substance or quality of the drug or cosmetic in respect of which the offence has been committed or of the circum stances of its manufacture or import, or that a purchaser, having bought only for the purpose of test or analysis, has not been prejudiced by the sale. (2)    *   *      * (3) A person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall not be liable for a contravention of Section 18 if he proves- (a) that he acquired the drug or cosmetic from a duly....