ZIM LABORATORIES LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Parchure, learned Counsel of the petitioners and Shri Deshpande, learned Additional Public Prosecutor for the respondent-State.

(2.) THE present criminal writ petition is directed against the order dated 3-2-1998 passed by the 3rd Additional Sessions Judge, Nagpur in Criminal Revision Application No. 1806 of 1995, whereby the Revisional Court dismissed the revision preferred by the complainant and confirmed the order dated 24-10-1994 passed by the Additional Chief Judicial Magistrate, Nagpur below Ex. 4 in Complaint (Cr.) Case No. 21 of 1994.

(3.) IT will be appropriate to consider few relevant facts which have given rise to the controversy in question. Petitioner No. 1 is the Public Limited Company engaged in manufacture and supply of drugs and medicines. It is a licensed manufacturer of medicines. The complainant is the Drug Inspector, who was serving at the relevant time in the office of the Joint Commissioner, Food and Drugs Administration, Nagpur and is empowered to enforce the provisions of the Drugs and Cosmetics Act and Rules. Petitioner No. 1 is manufacturing Ampicillin and Cloxacillin capsules under the Brand name Zimlox. The said medicine manufactured by petitioner No. 1 company is usually marketed through M/s. Universal Medikit Private Limited, Nagpur, who is the principal distributor appointed for the purpose.