The State Rep By Its Drugs Inspector Purasaiwalkam v. Kamalam Proprietrix Ms Shree Murugan Medicals

Suo Motu TR.No.11429 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.11429 of 2025 (C.C.No.15687 of 2008 of X Metropolitan Magistrate Court, Egmore Taluk, Chennai) For Petitioner : Mr.S.Vinoth Kumar Govt. Advocate (Crl.Side)

ORDER

This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu W.P.(Crl.) No.618 of 2025. 2.This is a complaint filed by the Drug Inspector against the accused who is running a Pharmacy in the name of M/s.Shri Murugan Medicals. It can be seen that the allegations are that the accused contravened Section 18 (c) of the Drugs and Cosmetics Act, 1940, read with rules 65(2), 65(3) and 65(4) (3)(i) of the Drugs and Cosmetics Rules, 1945 punishable under section 27(d) of the Drugs and Cosmetics Act, 1940, having failed to maintain the prescription register and having sold certain drugs without raising cash credit memos at the time of supplies by way of retail. It is seen that the inspection was conducted in the year 2007. The defacto-complainant/Drug Inspector wants to proceed with the case. However, the case is pending from the year 2007. There is no previous or subsequent case against the accused. D.BHARATHA CHAKRAVARTHY, J.

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Suo Motu TR.No.11429 of 2025 3.Considering the factual matrix, context of the case, the reason for absence from his usual place, and the submission that, despite best efforts, the summons could not be served, it is evident that even if the accused is brought to face trial, it would impinge upon his right to a speedy trial. Due to the passage of time, a meaningful trial is unlikely, and no useful purpose would be served.

4.Accordingly, C.C.No.15687 of 2008 of X Metropolitan Magistrate Court, Egmore Taluk, Chennai stands quashed and this Suo Motu Transfer case is disposed of.

23.10.2025 ep electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.

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