UNITED PHARMA REMEDIES AND ORS. Vs. STATE

JUDGEMENT

(1.) This criminal original petition has been filed seeking to call for the records on the file of the learned XV Metropolitan Magistrate, Chennai in C.C.No.3 of 2008 and to quash the same.

(2.) Petitioners 1 and 3 are the Manufacturer of Pharmaceutical products and petitioners 2 and 4 are the Managing Partners of petitioners 1 and 3. The respondent/ complainant filed a complaint as against the petitioners and other accused for the contravention of Section 18(a) (i) read with 17 B(d) read with Punishable Section 27(C), Section 18 (C) read with punishable Section 27 (b) (ii), Section 18(C) read with condition 4 (i) of licence in form 21 B of Drugs and Cosmetics Act 1940 read with punishable Section 27 (d), Section 18 A read with punishable Section 28 and Section 18 B read with punishable Section 28 A of Drugs and Cosmetics Act, 1940. Challenging the same, this petition has been filed.

(3.) The facts of the case is that on 25.10.2005, during the inspection conducted by the complainant/ the Drugs Inspector, Park Town I Range, at the premises of Venus Agency, situated at No.5, Ground Floor, Nyniappa Naicken Street, Chennai - 3, the sample of Amoxycillin Caps 500 B.No.169, Manufacture date: November, 2004; Expiry date: October, 2006 manufactured by United Pharma Remedies, Chennai, was drawn for analysis under Form - 17 No.055057 dated 25.10.2005 and sent for analysis under Form - 18 to the Government Analyst (Drugs), Drugs Testing Laboratory, Chennai, who in turn reported that the drug was 'not of standard quality' vide report No.02241-D/2005-06, dated 28.11.2005 for the reason that the sample does not conform to I.P. Specification for Amoxycillin capsules in respect of assay and that the sample is also deemed to be spurious since it has been substituted in part by another drug ampicillin.