C.S. VELU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Whether in absence of any proceedings being pending before the Magistrate, an application under Sec. 25 (4) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'Act') is maintainable or not is the short question that arises for consideration in this petition filed under Sec. 482 Cr.P.C.?

(2.) Sec. 25 of the Act, reads thus:

(3.) It is not in dispute that Hindustan Unilever Ltd. whose Factory Manager is the petitioner herein, received a show cause notice on 9.12.2016 from the Drugs Inspector, Shimla wherein it was informed that the sample of 'Sunsilk Shampoo' allegedly manufactured by Hindustan Unilever Ltd. had been declared NSQ i.e. Not of Standard Quality by the Government Analyst as the quantity therein was allegedly less than the one declared and there was also labeling violation.