PREM PHARMACEUTICALS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application under S.482 of the Cr. P. Code, 1973 (for short 'the Code') for quashing the proceedings in Criminal Case No. 1068/86 of the Court of Shri P.C. Upadhyaya, Judicial Magistrate First Class, Indore.

(2.) Circumstances giving rise to the application are these. The applicant No. 1 M/s Prem Pharmaceuticals, Nemawar Road, Indore is a partnership firm and the applicants 2 to 11 are its partners. They carry on the business of manufacture of intra-venous fluid Sodium Chloride injection in their factory at Indore.

(3.) The applicants, stand prosecuted in respect of an offence under S.18(a)(i) read with Section 27 of the Drugs and Cosmetics Act, 1940 (for short 'the Act') on the ground that sample of intravenous fluid Sodium Chloride injection manufactured and sold by them was taken on 8-10-83 from M/s Gangaram and Sons, Hisar, Haryana by the Drugs Inspector having jurisdiction under the Act, and on analysis by Government Analyst, Haryana, it was reported to be substandard because it was found to contain particles of foreign matter.