NARENDRAKUMAR DANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three petitions are filed by the same petitioners-accused for quashing the complaints filed against them under the provisions of the Drugs and Cosmetics Act, 1940 and since they involve common question of law, the same are being disposed of by this common judgment.

(2.) THE petitioner-company i. e. Prem Pharmaceuticals situated at Osan Baug, P. O. Palda, Indore (MP) is a manufacturer of drugs. The petitioner-company holds valid drug licence to manufacture for sale and distribution different transfusion fluids and is permitted to manufacture 0. 9% Sodium Chloride and 5% Dextrose Injection I. P. The said injections are used as intravenous injections to the persons who are unable to take food and water orally or otherwise are unable to digest food having under gone surgery or otherwise.

(3.) IN the first case the sample of the aforesaid injection was collected from St. George Hospital, in the second case from Civil Hospital, Alibaug and in the third case the sample was collected from various hospitals in Maharashtra. The said samples were declared as not of standard quality as they contained suspended matter visible to an unaided eye. The samples were collected by the Drug Inspectors from various places and sent for analysis. As per the report of the Chemical Analyser the samples of the drug was declared to be not of standard quality as they contained suspended matter visible to an unaided eye. Therefore, the prosecutions were lodged against the petitioners who are the manufacturing company and its 10 partners, including four lady, partners. The prosecutions were lodged under section 18 (a) (i) read with sections 16, 34 and 27 (d) of the Drugs and Cosmetics Act, 1940. These three petitions have been filed for quashing those cases under Article 227 of the Constitution of India and under section 482 of the Code of Criminal Procedure.