ZEE LABORATRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitions under Article 226 of the Constitution of India under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been filed to challenge the Summoning Order dtd. 7/12/2015 in Criminal Complaint No.15/4 of 2015 and 16/4 of 2015 filed by the Drug Inspector, Sh. Dharmvir Singh under Sec. 18(a)(i) read with Sec. 16 and punishable under Sec. 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'D&C Act').

(2.) Briefly stated, the Petitioner, M/s. Zee Laboratories is a Partnership Firm involved in the manufacturing of Pharmaceutical products, having its manufacturing unit at Paonta Sahib, District Sirmour, Himachal Pradesh. The Petitioner manufactures drug, "KETZY EYE DROPS' (Ketorolac Tromethamine 0.5% Ophthalmic Solution)" licensed with State of Himachal Pradesh.

(3.) The Complainant/Respondent No.2 asserted in its aforesaid two Complaints, both dtd. 10/8/2015, that Sh. Rajeev Mukul and Sh. Tarun Kumar are the Partners of the Petitioner Firm and responsible persons for its affairs at the time of manufacture of drugs in question. They were also in charge and responsible for the conduct of the business of the Firm.