AGRON REMEDIES PVT LTD Vs. STATE OF TELANGANA.

JUDGEMENT

(1.) This Criminal petition is filed under Section 482 Cr.P.C. seeking quashing of proceedings in P.R.C.No.54 of 2013 on the file of the Judicial First Class Magistrate, Parkal, Warangal District. A complaint came to be filed by the second respondent under Section 32 of the Drugs and Cosmetics Act , 1940 (for short "the Act") against the petitioners and others, for contravening the Sections 18 (a) (i) read with Section 34 punishable under Section 27 (d) of the Act.

(2.) The gist of the averments in the complaint would show that on 13.04.2011, the second respondent inspected the pharmacy stores of the Community Health Centre, Parkal. He had lifted seven varieties of drugs manufactured by different companies vide Form No.17. Thereafter, on 15.04.2011, the sample portion was sent to the Government Analyst Drugs Control Laboratory, for test. The Government Analyst, issued a report dated 19.06.2012 stating that one of drug "Dilcofenac Sodium I.P. 50 mg." manufactured by the petitioner No.1 firm was "not of standard quality" and opined that the "sample does not comply for test for disintegration for enteric coated tablets as per I.P." On 22.06.2012, a petition under Section 23 (4) (ii) of the Act was filed before the Court, for depositing the second sealed portion of the drug sample for safe custody, which was allowed and the second sample was deposited before the Court vide C.P.R.No.110/2012. Copy of the said petition was also sent to the petitioner No.1 company (manufacturer) for taking necessary steps as per law. On 22.06.2012, copy of the analytical report along with a notice was sent to the Medical Officer, Community Health Centre, Parkal, as required under Section 25 (2) of the Act and requested to disclose the source of supply of the said drug. On 04.07.2012, a reply was received from the Executive Engineer of CDS, Warangal, stating that they received the said drug from petitioner No.1 firm through the purchase order, dated 26.06.2010. It is stated that accused No.1 firm manufactured and sold illegal "not of standard quality (NSQ) " drug to the innocent general public on behalf of accused No.2 and others, accused No.2, is the active Director and responsible for day-to-day administration of the company, deliberately manufactured, sold illegal NSQ drug in the entire Country. Basing on the above allegations a complaint came to be filed.

(3.) Heard learned counsel for the petitioners and Additional Public Prosecutor appearing for the respondents.