PHAROSE REMEDIES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have challenged the complaint filed by respondent No.1 against them before the Court of learned Chief Judicial Magistrate (CJM), Jammu under Sec. 18(a)(i) read with Sec. 27(d) of the Drugs and Cosmetics Act, 1940 (for short, the Act of 1940) and the proceedings emanating therefrom.

(2.) It appears that respondent No. 1-Drugs Inspector filed a complaint for offences under Sec. 18(a)(i) read with Sec. 27(d) of the Act of 1940 against the petitioners and proforma respondents No.2 to 4 before the court of learned CJM, Jammu and on the basis of the said complaint, the learned Magistrate has, vide order dtd. 5/9/2014 after observing that prima facie commission of offences under Sec. 18(a)(i) read with Sec. 27(d) of the Act of 1940 are made out against the accused including the petitioners herein, issued process against them.

(3.) In the complaint, it has been alleged that on 22/4/2013, the complainant visited the Provincial Medical Store, Shalimar, Near MLA Hostel, Directorate of Health Services, Jammu and collected three samples of suspected drugs from the said sales premises in Form-17. One of the samples pertained to Paracetamol Tab. 500 mg with Batch No. PCM-2014, date of manufacture 12/2012 and date of expiry 11/2014. The sample was sent to the Government Analyst, Regional Drugs Testing Laboratory (RDTL), Chandigarh, and vide test report dtd. 15/5/2013, the sample was declared to be of standard quality.