SMT. GEETHA SHYAMSUNDAR Vs. STATE

JUDGEMENT

(1.) This petition is arising out from the case in Special C.C. No. 6 of 2015 on the file of the Special Court, Puducherry.

(2.) Smt. Geetha Shyamsundar, the petitioner herein is the Proprietrix of M/s. GuruFcure a Pharmaceutical Company, 4th accused in the above Spl.C.C. No. 6 of 2015.

(3.) This petition is filed to quash the complaint on the ground that she has duly obtained license for manufacturing and trading of drugs from the Competent Authority. However, criminal case is registered against her on the premise that 59 drugs, which they are manufacturing are new drugs as per the Drugs and and Cosmetics Act, 1940. Manufacturing of those drugs requires prior approval from the Drug Controller General of India, New Delhi, but without getting the said approval and without paying prescribed requisite fee of Rs. 15,000/- for each drug, petitioner-Company has indulged in manufacturing the same, thereby caused wrongful loss and cheated the revenue of the Central Government to the tune of Rs. 8,85,000/-. Final report has been filed for prosecuting the Licensing Authority-cum-Controlling Authority, P. Rajkumaran[A-1], Director of Health and Family Welfare Service, Puducherry, Dr. Dilip Kumar Baliga [A-2] and the Drugs Inspector & the Licensing Authority-cum-Controlling Authority M. Dhanasegaran [A-3] all public servants along with the petitioner herein for the offence under Section 120-B r/w 420 IPC and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.