CARENOW MEDICAL PVT.LTD. Vs. STATE

JUDGEMENT

(1.) These Criminal Original Petitions have been filed to quash the complaints filed by the Drug Inspectors of Ranipet Range and Vellore II Range, taken on file as STC.No.1 of 2022 by the learned Judicial Magistrate No.11 Walajah and in STC No.20 of 2022 by the learned Judicial Magistrate No.I, Vellore for the offences under Sec. 18(a)(i) r/w Sec. 17 and Sec. 18(c) of the Drugs and Costmetics Act, 1940 along with Rule 74 r/w condition No.3 of Form 25 of the Drugs and Cosmetics Rules 1945 .

(2.) Brief facts of the prosecution is that sample of drug Theruptor Hand Rub was drawn from the premises of M/s. Rajan Medical Shop, Walajah on 23/5/2020 by the Drug Inspector of Ranipet Range sent for analysis to Government Analyst, Chennai. Another drug sample of Therupter Hand Rub was taken from same shop by the Drug Inspector of Vellore II Range on the same day and the same was also sent for analysis to Chennai. After the Reports were received, show cause notices were issue on 16/9/2020 and 10/9/2020 respectively and filed cases against the Petitioner.

(3.) It is the case of the Prosecution that the samples were lifted from the premises at Walajah, after sent for Government Analysis, they were reported as standard quality however, there is a "Misbranding". It is the contention of the prosecution that Label Claim Composition is Each 100g of solution contains: Chlorhexidine Gluconate Solution IP 2.5%v/v equivalent to Chlorexidine Gluconate 0.5%v/v, Denatured Ethyl Alcohol 70%v/v. Thereafter show cause notice issued and finally found that the Petitioner is the manufacturer and they issued show cause notice and found that they have not obtained any license to produce the above drug, besides there is a misbranding. Hence the prosecution has been launched for the above offences.