KALVA VIJAYA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This petition is filed by the petitioner-A7 under 482 Cr.P.C. to quash the proceedings against her in S.C. No.2 of 2015 on the file of I-Additional District Judge, Sanga Reddy, Medak District for the offences under Ss. 18(a)(i) read with 17-B for stocking and selling the Spurious/NSQ (Not of Standard Quality) drug, for violating Sec. 18A for not disclosing the name of manufacturer and source of supply of said batch of drug punishable under Sec. 28, for violation of Sec. 18B, for not submitting the documents, records and registers of the said drug punishable under Sec. 28A, for violating Sec. 18(a)(vi) read with Rule 65(5)(3) for not submitting the purchase details punishable under Sec. 27(d) and for violating Sec. 22(1)(cca) for not submitting the purchase bills, records and registers for the said drug punishable u/s 22(3) of the Drugs and Cosmetics Act, 1940.

(2.) The respondent No.2-The Drug Inspector filed a complaint before the Judicial Magistrate of First class, Siddipet, Medak District stating that he visited the premises of M/s. Mani Sai Sree Medical Agencies, situated at D.No 8/2/101/13, Shivaji Nagar, Siddipet on 12/12/2013 and on suspicion, taken drug of quantity 20x10 tablets of ZIFI-200 (Cefixime Tablets IP 200 mg), B.No CKM3083, Manufacturing date 08/2013, Expiry date 01.2015, manufactured by FDC Limited, at Village: Khol-Bhood, Tehsil: Nalagarh, Baddi-173 2015, Dist. Solan (HP) for the purpose of test or analysis under intimation in Form-17, divided the sampled drug into 4 portions and sealed them. On 13/12/2013, the sampled drug was submitted for analysis to the Government Analyst, Drug Control Laboratory, Hyderabad. On 16/12/2013, the Government Analyst gave a report that the drug was "not of standard quality " as the said tablets did not comply for Cefixime as per IP HPLC Method. The Drug Inspector issued a notice to M/s. Mani Sai Sree Medical Agencies, Siddipet for disclosing the purchase and distribution details of the said drug and they replied that they purchased the same from M/s. Swathi Medical Corporation, Jawahar Nagar, Hyderabad. The Drug Inspector inspected M/s. Swathi Medical Corporation, Jawahar Nagar, Hyderabad and they reported that they purchased the said batch of drug from M/s. Shiva Medical Agencies, D.No.8/2/101/4, Shivaji Nagar, Siddipet, Medak District. On 19/12/2013, the Drug Inspector issued a notice to M/s Shiva Medical Agencies, Siddipet for disclosing the license particulars, purchase and distribution particulars, conveyance particulars and mode of payment for the supplied drug. K. Sridhar, Managing Partner and competent person in his letter dtd. 19/12/2013 stated that he sold the drug only to M/s. Swathi Medical Corporation, Hyderabad.

(3.) It was mentioned in the charge sheet that on 8/1/2014, Kalva Sridhar, Managing Partner cum competent person of M/s. Shiva Medical Agencies, Siddipet in his reply dtd. 8/1/2014 failed to disclose the name and address of the manufacturer and supplier from whom he acquired the said batch of drug. He failed to submit the conveyance details for supply of the said drug and also failed to produce the payment details for supply of said drug and claimed as Managing Partner of M/s. Shiva Medical Agencies, Siddipet and responsible for day to day activities of the firm vide affidavit.