BIODEAL LABORATORIES PVT LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application under Section 482 Cr. P. C. for quashing of the complaint in CR Case No. 208/2002 pending before the Additional Chief Judicial Magistrate, Sonitpur, Tezpur.

(2.) WE have heard Mr. DK Mishra, learned Senior Advocate assisted by Mr. D. Barua, learned counsel appearing for the petitioner and the learned Public Prosecutor.

(3.) THE petitioner Biodeal Laboratories Private Ltd. , is the manufacturer of drug Nivaquine-P flavoured suspension. The sample of the said drug was collected by the Inspector of Drugs from the market for analysis and it was sent to the Government Analyst who vide his report dated 01. 12. 2001 opined that the sample does not comply IP (Indian Pharmacopoeia) with respect to the test for assay. Thereafter the concerned Inspector of Drugs after obtaining necessary sanction submitted offence report against the manufacturer for violation of the provisions of Section 18 (a) (i) of the Drugs and Cosmetic Act, 1940 and the rules framed there under. The learned Additional Chief Judicial Magistrate took cognizance of the offence and issued process against the petitioners and hence the present application for quashing.