SYMBIOSIS PHARMACEUTICALS PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have filed the present petition for quashing complaint No.5/3 of 2022, summoning order dtd. 3/6/2022 and consequential proceedings arising out of the same against the petitioners. (Parties shall hereinafter be referred to in the same manner as they were arrayed before learned Trial Court for convenience).

(2.) Briefly stated, the complainant Drug Inspector filed a complaint before the learned Chief Judicial Magistrate, Sirmaur District at Nahan, asserting that a sample of drug Rabeprazole (EC) and Domperidone (SR) Capsules (Olez-DSR), Batch No. SCO-587, Date of manufacturing 12-2017, Date of expiry 11-2019, manufactured by petitioner No.1, was drawn for analysis from the premises of petitioner No.1. The sample was sent to Government analyst Regional Drug Testing Laboratory, Chandigarh, who issued a report stating that the sample was not of standard quality. Petitioners No.1 to 3, being the manufacturing firm which had manufactured the drugs in question and which was declared to be not of standard quality, are liable for punishment; hence, the complaint was filed for taking action against the petitioners/accused.

(3.) Learned Trial Court held that there were sufficient reasons to proceed against the accused for the commission of offences punishable under Sec. 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act, 1940 and the Rules framed thereunder vide order dtd. 3/6/2022.