MARION BIOTECH PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Niraj Kumar Singh, holding brief of Sri Saroj Kumar Yadav, learned counsel for the revisionists, and Sri R.P.S. Chauhan, learned counsel for the opposite party-Union of India, and perused the record.

(2.) This Criminal Revision is directed against the impugned cognizance and summoning order dtd. 19/1/2024 passed by the learned Chief Judicial Magistrate, Gautam Budh Nagar in Complaint Case No. 2462 of 2024 (Union of India vs. Ms Marion Biotech Pvt. Ltd. and Others), under Ss. 18(a)(i), 16, 17-A, 17-B, 18-A, 18-B, and punishable under Ss. 27(a), 27(b)(i), 27(b)(ii), 27(c), 27(d), 28, 28-A, and 28-B of the Drugs and Cosmetics Act, 1940, Police Station Phase III, Noida, District Gautam Buddh Nagar.

(3.) The brief facts of the case, are that the revisionists, being directors and officials of M/s. Marion Biotech Pvt. Ltd., (hereinafter referred as Company) they were summoned, pursuant to a complaint filed by the Drugs Inspector, alleging various violations including manufacture/sale of drugs declared "not of standard quality" and further invoking Sec. related to adulterated and spurious drugs, procedural non-compliance, and liability of company officials. The case is primarily founded on a test analysis report declaring certain samples "not of standard quality," resulting in proceedings under relevant penal Ss. of the Drugs and Cosmetics Act, 1940 (hereinafter referred as "Act").