UMANGA VOHRA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These Criminal Original Petitions, have been filed by the petitioners/A1 & A2, to call for the records in CC/STC No.784/2020 pending before the learned Judicial Magistrate, Mettupalayam and quash the same.

(2.) (i) The case of the prosecution is that the first accused/petitioner in Crl.OP.No.19832 of 2022 is a company having its business in Uttarkhand; that the second accused/petitioner in Crl.OP.No.19643 of 2022, is the Managing Director of the first accused company [hereinafter referred as 'Company']; that the Company is the manufacturer of a drug by name, 'OMNIGEL'; that on 28/3/2019, a sample of the said drug was drawn for analysis under Form-17 from one M/s.Sri Anushya Agencies at Coimbatore; that the same was sent for analysis on 29/3/2019 under Form-18; and that on 20/5/2019, the Drugs Inspector, Mettupalayam Range, received a report under Form-13 from the Government Analyst (Drugs), stating that the sample is 'Not of Standard Quality', for the reason that the sample does not conform to the Label claim with respect to the content of Diclofenac Diethylamine, Methyl Salicylate and Menthol;

(3.) Mr.P.Chidambaram, learned senior counsel for the petitioners submitted