EMCURE PHARMACEUTICALS LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question entire proceedings in Criminal Miscellaneous No.01 of 2018 which later become C.C.No.39 of 2018 registered for an offence punishable under Sec. 27(d) of the Drugs and Cosmetics Act, 1940 ('the Act' for short).

(2.) Shorn of unnecessary details, facts in brief that are germane for consideration of the issue in the lis, are as follows:

(3.) On 21/7/2012, the Drugs Inspector who had sent the sample for its test receives the report of the drug in terms of Form No.13 from the Government Analyst, Drugs Testing Laboratory, Bengaluru and the report was that "Not of Standard Quality" with respect to "Assay for Folic Acid". On 24/7/2012, a notice was served upon M/s Tulasi Pharma under Sec. 18A and 18B of the Act along with original report. On the very day, the proprietor of M/s Tulasi Pharma gives a statement disclosing that it had purchased the said drug from the Company. It is here the Company comes into the picture.