Case Law Analysis
|Jammu & Kashmir and Ladakh High Court
Section 23(4)(iii) Drugs and Cosmetics Act | Manufacturer’s Right to Sample Before Prosecution Mandatory : J&K HC
The J&K High Court quashed a drug prosecution for failing to provide the manufacturer with a sealed sample portion under Section 23(4)(iii) of the Drugs and Cosmetics Act, ruling that procedural non-compliance violates statutory rights and amounts to abuse of process. The judgment underscores that adherence to sampling protocols is a non-negotiable prerequisite for valid prosecution under the Act.