RAJLABORATORIES Vs. STATE OF A P

JUDGEMENT

(1.) First petitioner is the firm engaged in manufacturing tablets by name 'Furazolidone, 100 Mg tablets used as Anti-Diarroial, and the second petitioner is its proprietor. They filed this petition under Section 482 of Criminal Procedure Code to quash the proceedings initiated against them in C.C.No.342 of 2001 pending on the file of Additional Judicial Magistrate of First Class, Amalapuram for the offences punishable under Sections 18 (a) (i) r/w Section 16(1) and Section 27 (d) of the Drugs and Cosmetics Act, 1940 (for short 'the Act').

(2.) The facts of the case are that on 4-5-2000 the Drugs Inspector, Amalapuram seized the Furazolidone tablets 100 mg. Batch No.FUR.2001; Manufactured dated 1/2000, expiry date 12/2002 manufactured by the petitioners from the area hospital, Amalalpuram and sent the samples to the Government Analyst, Vijayawada, who in his report, dated 19-8-2000 declared the said sample as "not of standard quality" as it does not meet the I.P. Specifications in respect of disintegration test. After completion of necessary formalities and after obtaining the permission from the Inspector General, Drugs & Copy Right, Drugs Control Administration, Hyderabad on 3-10-2001, the impugned proceedings were initiated against the petitioners.

(3.) Learned counsel for the petitioners submits that the Drugs Inspector, Kurnool seized the very same tablets of same batch at Kurnool manufactured by the petitioners and suspecting them to be below standard, sent the same to the Government Analyst, Hyderabad. The said analyst in his report, dated 14-7-2000 opined that the samples sent to him are of standard quality as defined in the Act. Placing a copy of the said report, the learned counsel contends that in view of the divergent opinions of the public analysts at Vijayawada and Hyderabad, dated 19-8-2000 and 14-7-2000 respectively, with regard to the very same batch tablets, the impugned proceedings are liable to be quashed.