Mr.Kalyanasundaram, M/61 Yrs v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2016
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.24460 of 2016 and Crl.M.P.Nos.11703 and 11704 of 2016 Kalyanasundaram Petitioner/ Accused vs.
State of Tamil Nadu rep by Drugs Inspector Kanchipuram I Range O/o the Assistant Director of Drugs Control Kanchipuram Zone, Chennai 600 006.
Respondent/ Complainant Criminal Original Petition filed under Section 482, Cr.P.C. to call for the entire records in C.C.No.353 of 2015 on the file of the Chief Judicial Magistrate, Chengalpattu and quash all further proceedings against the petitioner/accused. For petitioner Mr.P.Ramesh Kumar For respondent Mr. C.Emalias, Additional Public Prosecutor
ORDER
This petition has been filed to call for the entire records in C.C.No.353 of 2015 on the file of the Chief Judicial Magistrate, Chengalpattu and quash all further proceedings against the petitioner/accused.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.
3. The complainant inspected the medical shop of the petitioner on 17.09.2014 and lifted samples of "C-Sal Expectorant (syrup of Terbutaline, Bromhexine & Guaiphenesin) Batch No:CSL 103, Mfd. Dt.Jan/2014, Exp. Dt.Dec/2015 and sent one sample to the Government Analysis for Analyst's report. The report dated 09.02.2015 given by the Government Analyst stated that the subject drug was not of standard quality, as it does not conform to the label claim with respect to the content of Terbutaline Sulphate.
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4. After issuing show cause notice dated 12.02.2015, to M/s Jeevan Medicals, the complainant initiated prosecution in C.C.No.353 of 2015 before the Chief Judicial Magistrate, Chengalput against the petitioner herein, who is the manufacturer of the said drug for an offence u/s 18 (a)(i) r/w 27(d) of the Drugs and Cosmetics Act [hereinafter referred to as "the Act"]. Since the petitioner had elected to have the second sample sent to the Central Drugs Laboratory u/s 25(4) of the Act, the complainant requested the Court to send the second sample for analysis to the Central Drugs Laboratory, Kolkata.
5. Pursuant to the request, the Chief Judicial Magistrate, Chengalput sen5 the second sample to the Central Drugs Laboratory, Kolkata and the report dated 03.08.2015 received therefrom stated as follows:
"The sample conforms to claim with respect to Assay of "Terbutaline Sulphate"".
6. Under Section 25(4) of the Act, the report of the Central Drugs Laboratory shall be conclusive evidence of the facts stated therein.
7. The learned Additional Public Prosecutor fairly conceded the position.
8. In view of the above, this petition is allowed and the prosecution in C.C.No.353 of 2015 on the file of the Chief Judicial Magistrate, Chengalpattu is hereby quashed. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar gms To 1.The Chief Judicial Magistrate, Chengalpattu.
2.The Drugs Inspector Kanchipuram I Range O/o the Assistant Director of Drugs Control Kanchipuram Zone, Chennai 600 006.
3.The Public Prosecutor, High Court, Madras.
1 cc to Mr.R. Ramesh Kumar, Advocate., Sr. 64489 Crl.O.P. No.24460 of 2016 RSY (CO) kk 5/12 https://hcservices.ecourts.gov.in/hcservices/