GABA PHARMACEUTICALS Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision case is directed against the judgment, dated 13. 8. 2002 in Criminal Appeal No. 429 of 2002 on the file of the V additional Metropolitan Sessions Judge, Hyderabad.

(2.) THE brief facts that are necessary for disposal of this Revision are that p. W. 1 inspected M/s. Thrimurthy Pharma Private Limited, Hyderabad and found gelusil MPS suspension, Batch and No. 117 manufactured by A 1 proprietary-ship concern stocked for sale along with other drugs and took the said drug for test after following the procedure. The sample that has taken by P. W. 1 was sent to the Analyst for that the drug in question is not of standard quality as the drug was not confirmed to the labeled claim in respect of Magnesium Hydroxide contend i. e. 110. 8 mg out of the labeled claim of 200 mg. Hence the accused has committed an offence punishable under Section 27 (d) of the Drugs and cosmetics Act, 1940 (for short 'the Act') for violating the provisions of Section 18 (a) (i) of the Act.

(3.) BEFORE the trial Court, on appearance of the accused copies of documents were furnished to him as required under Section 207 Cr. P. C. When examined under Section 251 Cr. P. C. the accused denied the offence and pleaded not guilty.