KAVITA MITTAL Vs. DRUGS INSPECTOR

JUDGEMENT

(1.) KAVITA Mittal and Dinesh Kumar who are being prosecuted as partners of M/s M.D. Pharmaceuticals, Muzaffarnagar, seek quashing of the complaint and all consequent proceedings.

(2.) M /s Pharmaceuticals are alleged to be manufacturing Deptrim tablets each tablet containing sulphamethoxazole IP 400 mg. Trimethoprim IP 80 mg. under licence No. 25 of 1985 granted by the Drug Controller, UP. A sample of this drug was drawn from Hans Medicos, Main Bazar, Jodhan, District Ludhiana and on analysis, it was found to be mis-branded and being not of the standard fixed.

(3.) SECTION 34 of the Act, so far as relevant, reads as under :-