KAILASHDEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in C.C.No.6712 of 2016 on the file of the learned X Metropolitan Magistrate Court, Egmore, thereby taken cognizance for the offences punishable under Sec. 27(d) of the Drugs and Cosmetics Act, 1940 (herein after referred to as 'the Act') as against the petitioners.

(2.) The respondent lodged complaint under Sec. 32 of the Act for the contravention of Sec. 18(a)(i) of the Act and punishable under Sec. 27(d) of the Act. The allegations made in the complaint is that on 22/4/2015, the respondent inspected M/s. ICF Hospital and had drawn the sample of Roxithromycin tablets IP 150 mg (Roxitec-150), Batch No.RDTB481, Manufacturing Date: April 2014, Expiry Date: March 2016 Quantity: 400 (10X10X4) tablets manufactured by the first accused firm, in which the accused 2 to 3 are the Directors and the fifth accused is the authorized agent of the first accused company.

(3.) The respondent followed the procedure prescribed under Sec. 23 of the Act and divided the sample into four portions and sealed them and sent to the Government Analyst, Central Drugs Testing Laboratory, Chennai, on 22/4/2015. The government analyst sent report dtd. 28/12/2015 which declared that that sample is not of standard quality as defined under the Act, since the subject drugs does not conform to the Indian Pharmacopeia standards with respect to the test for disintegration. On receipt of the said test report, the respondent had issued show cause notice dtd. 31/12/2015 to the said hospital.