RANBAXY LABORATORIES LIMITED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners have filed this application for quashing the order taking cognizance as also the entire proceeding in Criminal Case No. 2647 of 1985 pending in the Court of the Additional Chief, Judicial Magistrate, Jabalpur. It appears that on the basis of a complaint made by the Drug Inspector, the learned Magistrate, by its order dated 19-7-1985, took cognizance of the offence under Section 18/27 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to the Act for brevity) and directed for issuance of process against the petitioners.

(2.) Petitioner No. 1 is a company having its registered office in the State of Haryana and petitioner No. 2 is its Managing Director. Petitioner No. 3 has been termed as member of the Board of Directors, but Shri Datt, appearing on behalf of the petitioners, seeks permission to delete petitioner No. 3, permission to delete the name of petitioner No. 3 is-granted and the same stands deleted.

(3.) Shorn of unnecessary details the gist of the allegation, according to the complaint is that the petitioner-company was granted licence, bearing No. 28/15/83 dated 12-10-85 to manufacture for sale of drugs. The Drug Controller, by its order dated 16-12-1983 granted permission to manufacture Rescillin injection with following specification :