A SUBRAMANIAM Vs. DRUGS INSPECTOR

JUDGEMENT

(1.) THIS matter came to be posted under the special orders of the Hon'ble Chief Justice.

(2.) THE first petition is filed one A.Subramaniam, Proprietor of M/s.Seetharam Surgicals at Samusigapuram, Virudhunagar District. THE second petition is filed by one Petchimuthu, Proprietrix of M/s.Muthu Enterprises. In both the Original Petitions, the challenge is made to the show cause notice dated 7.5.2010 issued by the Drugs Inspector, Perambur Range.

(3.) IN the present case, a perusal of the show cause notice clearly shows that it was issued pursuant to the power vested under the Drugs and Cosmetics Act, 1940. Under the provisions of the Act, more particularly Section 18(a)(1), a drug which is not of a standard quality or is misbranded, adulterated or spurious can be prohibited by the State Government and no person either by himself or any other person can manufacture or sell or distribute such product. Similarly under Section 17-B (e) of the Act, spurious drugs are defined and a person, who is purportedly to be a manufacturer but does not send the actual manufacture of the product is deemed to be dealing with spurious drugs.