AGRON REMEDIES PVT LTD Vs. DRUG INSPECTOR

JUDGEMENT

(1.) This Crl.M.C has been filed by the accused in C.C No.1941 of 2014 on the file of Additional Chief Judicial Magistrate Court, Thiruvananthapuram to quash the proceedings in that case, invoking the inherent powers of this Court under Sec. 482 of Cr.P.C.

(2.) The State of Kerala represented by Drugs Inspector, Thiruvananthapuram filed Annexure-A complaint against the petitioners herein under Sec. 32 of the Drugs and Cosmetics Act, 1940, alleging offences punishable under Sec. 18(a)(i) read with Sec. 27(d) of the said Act.

(3.) The allegation in the complaint was that, on 31/1/2011, the Drugs Inspector inspected District Drug Warehouse, Kerala Medical Services Corporation Ltd and drew sample of the drug Enalapril Maleate Tablets IP 2.5mg, Batch No.EEK 04, manufactured and sold by the petitioners. On analysis, the sample was declared 'not of standard quality' as it failed to comply with the test for assay, in violation of Sec. 18(a)(i) read with Sec. 27(d) of the Act.