GLAXO SMITHKLINE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed by four Petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 12.7.2004 passed by learned Chief Judicial Magistrate, Saharsa in Complaint Case No. 723-C of 2004. By the said order, learned Magistrate has taken cognizance under Section 27(d) of the Drugs and Cosmetics Act,1940 (hereinafter referred to as the "Drugs Act?) for violation of Section 18(a)(i), 18(a)(vi), 18(b) and 18(c) of the Act.

(2.) Short fact of the case is that on 12.6.2003 and 7.7.2003, the Inspector of Drugs, Saharsa conducted inspections in the premises of M/S Popular Agency, Saharsa and Sheo Shakti Medical Agency, Saharsa respectively where some drugs were found in the premises, which were manufactured by M/S Emcure Pharmaceuticals Ltd. and marketed by M/S Glaxo Smith Kline Pharmaceuticals Limited. On the label and cartons of such seized drugs name and Logo of M/S Glaxo Smith Kline Pharmaceuticals Limited was printed. M/S Glaxo Smith Kline Pharmaceuticals Limited had purchased the said drugs as wholesale licensee from the manufacturer M/S Emcure Pharmaceuticals Limited. The said labeling was contrary to the provisions of the Drugs and Cosmetics Act and Rules and as such clarification was sought from M/S Glaxo Smith Kline Pharmaceuticals Limited, Patna and from other concerned and in response thereto the constituent attorney of M/S Glaxo Smith Kline Pharmaceuticals Limited furnished some clarification wherein it was admitted that in view of 3rd party agreements M/S Glaxo Smith Kline Pharmaceuticals limited was marketing the drugs manufactured by M/S Emcure Pharmaceuticals Ltd. They further tried to clarify that the labeling was in accordance with Rules 96 and 97 of the Drugs and Cosmetics Rule (Rules). It was tried to be justified that on the labeling name of manufacture was mentioned clearly and further information was given that the said drugs were being marketed by M/S Glaxo Smith Kline Pharmaceuticals Ltd. After conducting enquiry, the complaint was filed in the court of Chief Judicial Magistrate, Saharsa. For better appreciation of the acts and allegation, it would be appropriate to quote paragraph-20 of the complaint petition, which is as follows:

(3.) On aforesaid allegation and fact, complaint was filed against altogether 12 accused persons, which include all the four Petitioners.