M/S DIGITAL VISION, NO. 176, MAUZA OGLI, NAHAN ROAD, KALA AMB., DISTRICT SIRMOUR, HIMACHAL PRADESH & ORS. Vs. STATE AT THE INSTANCE OF DRUG INSPECTOR, OFFICE OF THE ASSISTANT DRUGS CONTROLLER, DHARWAD CIRCLE, HUBBALLI. REP. BY SPP HIGH COURT BUILDING, DHARWAD

JUDGEMENT

(1.) The respondent Drug Inspector has drawn samples of certain medicines manufactured by the accused petitioners and others. The same was sent for a test report. The test report was received declaring the said medicine as not of standard quality, as it does not conform to label claim with respect to identification test etc. A notice was issued. The same was replied. The accused reserved the liberty to challenge the said report. Based on these facts a private complaint was lodged against the accused for the offences punishable under Sections 18(a)(i) read with Section 17(B)(d) of Drugs and Cosmetics Act, 1940 punishable under Sections 27(d) and 27(c) of the Drugs and Cosmetics Act, 1940. Seeking to quash the proceedings, the accused have filed this petition.

(2.) Learned counsel for the petitioners submits that respondents have not followed the due procedure in law in the initiation of the proceedings. That the test report has not been given to them.

(3.) On hearing learned counsels, I am of the considered view that there is no merit in this petition.