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Madras High CourtCRL OP(MD)/4886/2019allowed

M/S. Saphnix Life Sciences v. State Of Tamilnadu Rep By

2022-03-10Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD)No.4886 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10/03/2022

CORAM:

The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD)No.4886 of 2019 and Crl.M.P.(MD)No.3028 and 3029 of 2019 1.M/s.Saphnix Life Sciences, Village Barotiwala, Paonta Sahib, (H.P.)-173025 Represented by its Partner, Sanjay Tanwar 2.Sanjay Tanwar, 3.Sadhu Ram(person responsible for the Firm) ... Petitioners/Accused Nos. 1 to 3 Vs State of Tamil Nadu represented by Drugs Inspector, Kumbakonam-I Range (i/c), Office of the Drugs Inspectors, Room No.13, Salam Mansion, 27-B, Town extension, mayiladuthurai-1.

... Respondent/Complainant Prayer: Petition filed under Section 482 of Criminal Procedure Code to call for the records in PRC No.61 of 2017 on the file of the Court of Judicial Magistrate No.II, Kumbakonam and quash the same. For Petitioner : Mr.C.Muthusaravanan For R1 : Mr.P.Kottaichamy Government Advocate (Criminal)

ORDER

When the matter is taken up for hearing, the learned Government Advocate (Criminal) has fairly submitted that the sample that was sent to the Central Drugs Laboratory, Calcutta and report has been received on 03.05.2018, opining that 'i)The sample conforms to I.P with respect to "Assay /Content of Methylprednisolone". ii)The sample does not contain 'Prednisolone'(which is not claimed on the label) as confirmed by identification test.'

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CRL OP(MD)No.4886 of 2019 2.The learned counsel for the petitioner would submit that in view of the above said subsequent developments and the report of the Central Drugs Laboratory, Calcutta, it prevails over the analysis report which has been filed by the prosecution before the trial Court and also relied upon the judgment of this Court reported in 2016(2) Drugs Cases (DC)1 in Crl.O.P.No.26483 of 2016 in the case of M/s.Res Sancta rep. By Rajeev Chauhan and others Vs. State of Tamil Nadu.

3.In view of the above said developments and the judgment of this Court, the continuation of prosecution in this case is not required, as has been fairly submitted by the learned Government Advocate (Criminal side).

4.Accordingly, this Criminal Original Petition stands allowed and the proceedings pending on the file of the learned Judicial Magistrate No.II,Kumbakonam, stands quashed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) pnn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Judicial Magistrate Court No. II, Kumbakonam.

2.The Drugs Inspector of police, Kumbakonam-I Range (i/c), Office of the Drugs Inspectors, Room No.13, Salam Mansion, 27-B, Town extension, mayiladuthurai-1.

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

ORDER IN CRL OP(MD)No.4886 of 2019 and Crl.M.P.(MD)No.3028 and 3029 of 2019 Date: 10.03.2022 PKP/22.03.2022/3P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2