HARISHBHAI KESHAVBHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl. M.C. is filed challenging the order dated 23.06.2020 in STC No. 3297/2012 on the file of Judicial First Class Magistrate Court, Payyannur. It is a complaint filed under Section 32 of the Drugs and Cosmetics Act 1940 (hereinafter referred to as "the Act 1940" for short) against the petitioners alleging offences punishable under Sections 17(B)(d) and Section 18(a)(i) of the Act 1940 which is punishable under Sections 27(c) and 27(d) of the above said Act.

(2.) The prosecution case is that CW1, while he was working as Drug Inspectors in Kannur, inspected the Allopathy medicine wholesale shop, namely Indian Farma at Payyannur Town and drew a sample of drug "RABITO" (Rabeprazol Sodium Tablets 20 mg) manufactured by Taurus Parenterals, Pvt.Ltd, Uttaranchal. When the drug was sent for analysis, the Government analyst declared it as "Not of Standard Quality." Thereafter, according to the procedure as per Act 1940 and its rules, a complaint is filed before the lower court.

(3.) The Court took cognizance of the offence and taken on file the case as STC No. 3297 of 2012 and issued summons to the accused. The accused appeared. The case was treated as summons case, and all the prosecution witnesses were examined. Section 313 of Cr.P.C. statement was also recorded.