ZEE LABORATORIES Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 and 2 under Section 482 of Cr.P.C. praying the Court to quash the entire proceedings pending on the file of he learned Special Court for Economic Offences, Bengaluru in C.C No.5/2014.

(2.) Brief facts leading to filing of the petition is that respondent-Drug Inspector, CDSCO, on 17.01.2012 had drawn the sample of the drug: ROXZY 150 TABLETS (Roxithromycin tablets I.P 150 mg), Batch No:ZT-3746, D/M-06/11, D/E-05/2014, M/s Zee Laboratories, 47, Gondhpur Ind. Area, Paonta, Sahib, (HP) under Section 23 of Drugs and Cosmetics Act, 1940 from Central Government Health Scheme, Dispensary No.09 Wellness, 64/1, 1st Cross HGH Layout, Ganga Nagar, Bangalore - 32 and forwarded the sample along with Form No.18 to Government Analyst, Central Drugs Laboratory, Kolkata for the purpose of test and Memorandum (Form No.18) No.ADC/BSZ/KTK/7-2/3811 dated 17.01.2012. It is stated that, on 05.11.2012, the respondent had received the test report in Form No.13 dated 29.10.2012 from Government Analyst, Central Drugs Laboratory, Kolkata, which declared the subject drug as not of standard quality for the reason that sample does not conform to I.P with respect to the test for dissolution of Roxithromycin. It is further stated that, on 04.12.2012, the respondent served notice to M/s Zee Laboratories, 47, Gondhpur Ind. Area, Paonta, Sahib, Himachal Pradesh vide letter No.ADC/BSZ/KTK/ KN/NSQD/2011-6821 dated 04.12.2012 not to distribute and sell the subject drug and recall all the supply made from the market and also intimated to collect sealed sample from GSMD, Chennai. It is stated that the respondent has filed complaint under Section 200 of the Code of Criminal Procedure against the petitioners alleging the commission of offence under 18(a)(i) of the Drugs and Cosmetics Act, 1940 and they are under punishable under Section 27(d) of the said Act pending on the file of Special Court for Economic Offences at Bangalore. The learned Magistrate took cognizance of the offence and issued summons to the petitioners.

(3.) I have heard the learned Counsel appearing for the petitioners-accused No.1 and 2 and the learned Central Government Counsel appearing for the respondent-Union of India.