THE MADRAS PHARMACEUTICALS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned APP.

(2.) The petitioners herein are seeking the relief of quashing of the order of issuance of process against the petitioners in RCC No.4/S/2001 by the Metropolitan Magistrate, 6th Court, Mazgaon, Mumbai under the provisions of the Drugs & Cosmetics Act, 1940.

(3.) At the threshold, it is apparent on the face of the record that the petitioners herein are placing implicit reliance upon the notice issued to them by the Drug Inspector, Brihan Mumbai, dated 20.6.2001, by which the petitioners were informed that a prosecution has been filed against them for sub-standard quality of a drug Tab. E-PRIL-2.5 However, it is mentioned in the body of the petition that the petitioners had not received any summons from the concerned Court till the date of filing of the petition. However, on enquiry, it was learnt that the process was issued against them and the matter was scheduled on 3.8.2001 as per the notice dated 20.6.2001 issued by the Drug Inspector and hence the petitioners have approached this Court seeking the relief of quashing of the order of issuance of process against them.