VIJAY CHOWDHARY Vs. STATE

JUDGEMENT

(1.) A sample of tablet serase 5, batch No. TS103, manufactured by M/s QP Pharmachemb Pvt, Ltd, Derra bassi (Punjab), bearing manufacturing date 6/99 and expiry date 5/2002; lifted by Mr. Parvez Ahmed Bhat, Drygs Inspector (HQ)from the premises of M/s New Suraj Transport Agency Srinagar, from the consignment of M/s Wani Traders, Pharmaceutical Distributors, Gaw Kadal, Srinagar, on its analysis, by the Central Indian Pharmacopoeia laboratory Gaziabad, was found to be spurious in terms of its Report No, CIPL/6031/ 38 dated 14. 1. 2002.

(2.) STATE through its Drugs Inspector (HQ)Srinagar, filed a complaint in this regard, before learned Judicial Magistrate First class (Sub-Registrar) Srinagar; who on finding a prima facie case for commission of the offence punishable under Section 27 (c) of the drugs and Cosmetics Act, issued process against the functionaries of M/s QP pharmachemb Pvt. Ltd, Derra Bassi (Punjab ).

(3.) VIJAY Choudhary and Anii Berry, the director and the Managing Director of M/s qp Pharmachemb Pvt. Ltd, Derra Bassi (Punjab), have approached this Court seeking quashing of the proceedings, or in the alternative, the transfer of the complaint for its trial by any Court of competent jurisdiction at Jammu.