SUNIL KUMAR KATARIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUNIL Kumar Kataria who is a partner with M/s. Triko Pharmaceuticals, Rohtak, has come to this Court in a petition under Section 482 of the Code of Criminal Procedure with a prayer that the complaint, Annexure P-2 alongwith consequent proceedings now pending in case No. 729/2 of 1987 in the court of Chief Judicial Magistrate, Rohtak be quashed.

(2.) THE brief facts leading to the prosecution of the petitioner are that on 4.9.1986, Shri K.K. Maheshwari, Drug Inspector, Rohtak along with Dr. D.P. Bansal, Chief Medical Officer visited the factory premises of the Triko Pharmaceuticals and took samples of various drugs and medicines which were being manufactured by the firm. The samples were sent for analysis to the Government Analyst, Haryana, Chandigarh. Vide report, Annexure P-1, the Government Analyst made the following report :-

(3.) MR . Narinder Kumar, Advocate who appears for the State urges that the drugs being misbranded, the charge was correctly framed by the trial Court. This plea of the learned counsel is not acceptable. The manufacturer supplies the goods in carton and the carton carries the necessary description of the drugs contained. If the letters "IP" are not mentioned on the strips, the drugs cannot be described as misbranded or mislabelled. After the report of the Director, Central Drug Laboratory, Calcutta, the samples had been found to be in conformity with the standard and no charge survived. I hereby accept the petition and quash the complaint, Annexure P-2 and all consequent proceeding. Petition accepted.