EUROKEM LABORATORIES PRIVATE LIMITED AND ORS. Vs. STATE

JUDGEMENT

(1.) THE petitioners are the accused in C.C. No. 16 of 2008 on the file of the learned Chief Judicial Magistrate, Chengalpet. The respondent has laid a private complaint alleging that the petitioners have contravened Section 18(a)(1) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as, "the Act") and thus, they are punishable under Section 27(d) of the said Act. Seeking to quash the said proceedings, the petitioners are before this Court with this petition. I have heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent. I have also perused the records carefully.

(2.) THE case of the prosecution is as follows:

(3.) IN the present case, the allegation is that so far as the description found in the label is concerned, it contravenes Section 18(1)(a) of the Act. The description is that the drug is a Syrup. According to the respondent, the syrup should be a homogeneous liquid and it should not contain any sediment or floating particles. Thus, the presence of white floating articles in the liquid, does not indicate that it was a syrup. Therefore, according to the respondent, it is a contravention of Section 18(a)(1) of the Act.