Case Law Analysis
|Bombay High Court
Rule 45 Drugs Act | Delay in Sample Testing & Non-Transmission to Manufacturer Vitiates Prosecution : Bombay HC
Bombay High Court quashes prosecution under Section 27(d) of the Drugs and Cosmetics Act, 1940, holding that inordinate delay in sample testing and failure to transmit a sample portion to the manufacturer violates mandatory procedural safeguards under Rule 45, rendering the prosecution untenable.