SHIFA HOSPITAL Vs. STATE

JUDGEMENT

(1.) This petition seeks to quash proceedings in C.C. No. 121 of 2007 on the file of the Chief Judicial Magistrate, Thiruvallur.

(2.) In such case, the petitioners herein are accused of offences under Sections 18(c) and 18-A of the Drugs and Cosmetics Act, 1940 (hereinafter referred as Act) punishable under Section 27(b)(ii) and 28 of the Act.

(3.) The complaint came to be filed against the petitioners herein, the 1st accused, an hospital is represented by one of its partners and the 2nd and 3rd accused are the partners of the 1st accused hospital. The drugs inspector had inspected the premise of the 1st accused on 10.10.2006 on the instructions of the Director of Drugs Control, Tamil Nadu and in the presence of the 2nd accused. The 1st accused hospital was found to be holding stock therein for sale therein of Allopathic drugs without holding the drug license in respect thereof. The entire stock held by the 1st accused hospital was seized in the presence of independent witnesses. The original documents seized were taken return of by the 2nd accused after furnishing certified copies thereof.