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Madras High CourtCRL OP/1310/2022bail granted

Sivakumar v. State Represented By

2022-01-24Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No01310 of 2023 Crl.O.P.No.1310 of 2023 and Crl.M.P.Nos.747 & 751 of 2023 G. CHANDRASEKHARAN, J.

This petition is filed to call for the records in STC No.183 of 2022 on the file of the Judicial Magistrate Court, Chengam and quash the same.

2. The learned counsel for the petitioner submitted that on 30.07.2019 a sample of 4 x100 ml TERBOT - G Syrup was drawn for analysis from M/s. Vasuki Medicals situated at No.223, Naidu Street, Mothakkal Post, Thandrampattu Taluk by Drug Inspector. The analysis report shows that the sample was not of Standard Quality. It is the further submission of the learned counsel for the petitioner that as per Form 17, sample drawn was manufactured in July 2019 and its expiry falls in July 2020. It is his claim that one portion of the sample is required to be sent to the Drug Inspector and another portion of the sample is to be sent to the manufacturer. However, the same was not received by the manufacturer. Complaint was filed on 14.12.2021 and it was taken cognizance only in the year 2022 ie., on 31.05.2022. Now, the summons have been sent on the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No01310 of 2023 G.CHANDRASEKHARAN,J Sma

3. Issue notice the respondent returnable in three weeks.

4. Post the matter after three weeks. There shall be an order of interim stay till then. Personal appearance of the petitioner is dispensed with till then. 24.01.2023 Sma Crl.O.P.No.1310 of 2023 https://www.mhc.tn.gov.in/judis 2/2