DAEIOU PHARMACEUTICALS PRIVATE LIMITED, Vs. R RAGHUNAATHAN,

JUDGEMENT

(1.) This petition is arising out from the case in Special C.C.No.2 of 2015 on the file of the Special Court under the P.C. Act, 1988, Puducherry.

(2.) The 1 st petitioner, who is arrayed as 3 rd accused in Spl.C.C.No.2 of 2015 is the Company by name M/s DAEIOU Pharmaceuticals Private Limited Company and the 2 nd petitioner, who is arrayed as 4 th accused in Spl.C.C.No.2 of 2015, is the Director of the 1 st petitioner-company.

(3.) This petition is filed to quash the complaint on the ground that the 1 st petitioner-Company represented by the 2 nd petitioner/A4 [Shri R.Raghunathan] has obtained general license for manufacturing and trading of drugs from the Competent Authority during the year 2010 from the Licensing Authority, the 1 st accused. However, criminal case is registered against them on the premise that they are manufacturing new drugs and as per the Drugs and Cosmetics Rules 1945 manufacturing of any new drugs requires prior approval from the Drug Controller General of India, DCG(I), New Delhi, but without getting the said approval, the first accused has granted license in violation of direction given by the Director General of Health and Services, New Delhi.