Legal Question in Criminal Law in India

Drugs and Cosemtics Act

Under the drugs and cosmetics act licencing authority of Tamilnadu punished the licencee for an offence departmetally by invoking rule under the act without prosecuting in the court. For the same offence authority of another State of Kerala in which product was sold prosecuted the licencee.

I would like to know if deparmental punishment under a rule can be taken up as a statutory punishment and in which case whether the above prosecution amounts to double jeopardy.


Asked on 3/15/07, 3:48 am

2 Answers from Attorneys
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Drugs and Cosemtics Act

No. Departmental proceedings are independent of criminal proceedings in a competent court.

Departmental proceedings are generally involving cancellation of license/certificate, whilst in a criminal court, the party concerned has to face prosecution involving a jail sentence.

These two proceedings can run parallel. The evidence may be same, but they do not amount to double jeopardy.

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Answered on 3/17/07, 10:34 am
G. M. Gupta gmguptaandassociates

Re: Drugs and Cosemtics Act

there can be departmental proceedings in which cancellation of licence or penal charges may be imposed and in courts there can be punishment of jail and or fine may be imposed

both may occur at the same time but the quantum may be effected by the earlier punishment in the second punishment

and you may appeal against the both orders. besides this there may be some changes in few things as per the state amendments

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Answered on 5/01/07, 2:59 pm


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