LAWS(MAD)-2016-7-39

LABORATE PHARMACEUTICALS INDIA LTD Vs. STATE

Decided On July 06, 2016
Laborate Pharmaceuticals India Ltd. Unit Appellant
V/S
State represented by the Drugs Inspector Tondiarpet Respondents

JUDGEMENT

(1.) This Criminal Original Petition is filed seeking to call for the records in C.C. No.263 of 2015, now pending on the file of the XV Metropolitan Magistrate, George Town, Chennai and quash the same.

(2.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the seventh respondent-State.

(3.) On 05.09.2011, Mrs. P. Sankari, Drugs Inspector, Tondiarpet II Range, Zone I, Chennai, the respondent herein, visited the medical shop of one S. Serumathi and drew sample of Cherry Lab Cough Syrup B.No.ACLL-003,M/D:12/2010;E/D:11/2012; Mfd by: Laborate Pharmaceuticals India Ltd. (Unit) #31, Rajban Road, Nariwala, Paonta Sahib H.P., for analysis in terms of Sections 22 and 23 of the Drugs and Cosmetics Act, 1940 (for brevity the Act ). The sample was sent to the Government Analyst and by report dated 27.01.2012, it was declared to be not of standard quality , as the sample did not conform to label claim with respect to the content of Phenylephrine Hydrochloride (26.6%).