(1.) The petitioners have filed the present petition for quashing of the complaint filed against them for the commission of offences punishable under Ss. 16, 18 (a) (i), 18(a) (vi) read with Sec. 27(d) of the Drugs and Cosmetics Act, 1940 titled Union of India through Drugs Inspector (C.D.S.C.O) Sub Zone Baddi vs. M/s VADSP Pharmaceuticals and others pending before learned Additional Chief Judicial Magistrate, Nalagarh, Baddi, H.P. (learned Trial Court). (The parties shall hereinafter be referred to in the same manner in which they are arrayed before the learned Trial Court for convenience.)
(2.) Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of offences punishable under Ss. 16, 18(a)(i), 18(a)(vi) read with Sec. 27(d) of the Drugs and Cosmetics Act, 1940 and Rules 1945. It was asserted that the complainant drew a sample of Lycoyat manufactured by M/s Unison Pharmaceuticals, Plot No. 124, E.P.I.P, Industrial Area Phase-1, Jharmajri, Baddi, H.P. for test and analysis on 24/11/2017 in the presence of Mr. Premnath, Analytical Chemist of the Firm. The drug was divided into three portions and was sealed as per the procedure. A copy of Form No.17, along with a portion of a sealed sample, was handed over to Mr. Premnath, an Analytical Chemist. One sample of the drug was sent to the Government Analyst, i.e. Regional Drugs Testing Laboratory, Sector 39-C, Chandigarh-160036, after completing the codal formalities. As per the report, the drug was not found to be of standard quality, as it did not conform to claim as per Patent and Proprietary with respect to the uniformity of filled weight and the Assay of Vitamin D3, Calcium Pantothenate. The Drugs Inspector served a notice upon M/s Unison Pharmaceuticals. The necessary investigation was conducted, and it was found that the name of M/s Unison Pharmaceuticals was changed to M/s VADSP Pharmaceuticals. The Firm replied to the notice and requested retesting. The second sample was sent to the Central Drugs Testing Laboratory, Kolkata, which issued a report declaring that the sample was not of standard quality. Accused Nos. 1 to 3, being a manufacturing firm, had manufactured the drug, which was not of standard quality; hence, the complaint was filed against them for taking action as per the law.
(3.) The learned Trial Court found sufficient reasons to summon the accused.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN