M/S.Quixotic Health Care v. Drugs Inspector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM CRL.O.P.No.5442 of 2015 and M.P.(MD)Nos.1 and 2 of 2015

1. M/S.QUIXOTIC HEALTH CARE, 88A, EPIP, PHASE-II, THANA, BADDI, DISTRICT SOLAN-173205, HIMACHAL PRADESH, REP BY ITS GENERAL MANAGER/AUTHORIZED SIGNATORY S.K.PANDA SON OF MADHUSUDAN PANDA.

2. S.K.PANDA

3. SATHISH SINGAL

4. SANJEEV SINGAL

5. HARPREET SINGH

6. MRS.HIMJYOTI DHIR .. Petitioners/A1 TO 6 Vs.

STATE OF TAMILNAU REP. BY DRUGS INSPECTOR, ALANGUDI RANGE, OFFICE OF THE DRUGS INSPECTOR, 1093, KANNADASAN SALAI, RAJAGOBALAPURAM POST, PUDUKKOTTAI- 622 003.

.. Respondents/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the record in S.T.C. No.419 of 2014 on the file of Judicial Magistrate, Pudukottai and quash the same. For Petitioner :

Mr.C.Muthusaravanan https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The petitioner/accused in case pending trial in S.T.C.No.419 of 2014 face offences under Section 18(a)(i) p/u 27(d) of the The Drugs and Cosmetics Act 1940.

2. The allegation is that medicines/drugs by name Ascozen Expectorant which was manufactured by the first petitioner company was found to be not of standard quality. The seizer of the drug was made on 20.09.2011.

3. Admittedly, the report of the drugs testing laboratory, Government of Tamil Nadu informs the manufacturing date as January 2011 and expiry date as December 2012. While so, the complaint has been filed on 08.04.2014. Therefore, since the self life of the said medicine/drug was only upto December 2012, opportunity of having the second sample tested in keeping with Section 25(4) of The Drugs and Cosmetics Act, 1940 stands denied to the petitioners.

4. For the said reason, the Criminal Original Petition stands allowed and the proceedings in S.T.C. No.419 of 2014 on the file of Judicial Magistrate, Pudukottai is quashed. Consequently, connected Miscellaneous Petitions are closed. Sd ASST REGISTRAR ( P AND A ) TRUE COPY SUB ASST REGISTRAR rj2 To

1. THE JUDICIAL MAGISTRATE PUDUKKOTTAI.

2. DRUGS INSPECTOR, ALANGUDI RANGE, OFFICE OF THE DRUGS INSPECTOR, 1093, KANNADASAN SALAI, RAJAGOBALAPURAM POST, PUDUKKOTTAI- 622 003.

3.The Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

1CC TO MR. C. MUTHU SARAVANAN, ADDVOCATE, SR: 15262 DM 22 6 15 CRL.O.P.No.5442 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 2P:5C 27.03.2015 https://hcservices.ecourts.gov.in/hcservices/