Mr.Shyamal Yashwantbhai v. The Drugs Inspector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2017
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.7864 of 2017 & Crl.M.P.(MD).Nos.5351 and 5352 of 2017 Mr.Shyamal Yashwanthbhai Bhalani S/o.Ysshwanthbhai Bhalani, Proprietor of M/s.Zycone Health Care, Block No.1185/A-3, B/H Shah Alloys Limited, Nasmed Road, Vill-Santej, Tal-Kalol Dist-Gandhinagar -382 721, State of Gujarat.
: Petitioner/Accused -vsState rep by The Drugs Inspector, Uthamapalayam Range i/c, Madurai Zone O/o.Assistant Director of Drugs Control, No.5, Ramaiah Street, Shenony Nagar, Madurai-625 020.
: Respondent/Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the complaint in S.T.C.No.5457 of 2015 on the file of the learned Judicial Magistrate, Uthampalayam and quash the same.
For Petitioner : Mr.A.Balaji For Respondent : Mr.K.Anbarasan for R1 Government Advocate (Crl.side)
O R D E R
On 17.09.2013, the Drug Inspector visited M/s.Sundar Medical Mart owned by Mr.R.Sundar at Panchayat Union Road, Chinnamanur, Theni District and lifted sample of Palmax Syrup (Ambroxol Hydrochloride, Terbutaline Sulphate, Guaiphenesin & Menthol Syrup), Batch No.4113, M/d:NOV/2012, E/d:Oct/2015, Mfd by:Zycone Healthcare, Block No.1185/a-3, Santej, District: Gandhinagar328721 at Block No.1185/a, Santej, District:Gandhinagar-382721 under the provisions of Drugs and Cosmetics Act and sent the samples to the Government Analyst(Drugs), Tamilnadu, Chennai, for testing. The Government Analyst (Drugs) report dated 05.11.2014 stated that the sample was not of standard quality.
2. The Drug Inspector obtained materials from M/s.Sundar Medical Mart and Surya Pharmaceuticals and learnt that the said drug was manufactured by Zota Health Care Limited, Surat, Gujarat. Therefore a show cause notice was issued to Zota Health Care Limited who in turn stated that the subject drug was manufactured by a proprietorship concern called, Zycone Healthcare, Santej Gandhi Nagar District, Gujarat. The Drug Inspector issued a show cause notice to Zycone Health Care and they have given a reply dated 21.01.2015. Since the explanation offered by Zycone Health Care was not satisfactory, the Drug Inspector launched a prosecution in STC No.5457 of 2015 before the learned Judicial Magistrate, Uthamapalayam against the proprietor of Zycone Health Care for the offence under Section 27(d) of the Drugs and Cosmetics Act. Challenging which, this petition has been filed.
3. Heard Mr.A.Balaji learned counsel for the petitioner and the learned Government Advocate for the respondent. R.U.Ramprabhu, Drugs Inspector, Uthamapalayam Range, is present.
4. The learned counsel for the petitioner submitted that the Drug Inspector filed an application before the learned Judicial Magistrate, Uthamapalayam for sending one sample of the subject drug to the Central Drugs Laboratory, Calcutta. On the application made by the Drug Inspector, the learned Judicial Magistrate, Uthamapalayam, sent one sample to the Central Drugs Laboratory and the report dated 14.11.2015, states as follows: "The sample conforms to claim with respect to "Assay" of Terbutaline Sulphate".
Therefore the learned counsel submitted that the report of the Central Drugs Laboratory supersedes the report of the State Government Laboratory and therefore, the prosecution should be quashed.
5. The learned Government Advocate conceded the position.
6. This Court gave its anxious consideration to the submissions made by the learned counsel on both sides. In view of the above, the criminal original petition is allowed and the proceedings in STC No.5457 of 2015 on the file of learned Judicial Magistrate, Uthampalayam, are hereby quashed. Consequently, connected miscellaneous are closed.
Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar
To:
1.The Judicial Magistrate, Uthampalayam.
2.The Drugs Inspector, Uthamapalayam Range i/c, Madurai Zone No.5, Ramaiah Street, Shenony Nagar, Madurai-625 020.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+One cc to Mr.A.Balaji, advocate, SR.No.62406 jikr RL/5C/3P/MR/KKR/SAR1/10/7/2017 Order made in Crl.O.P.(MD) No.7864 of 2017 27/06/2017