ZEE LABORATORIES Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/A1 and A2 to quash the proceedings against them in C.C.No.593 of 2015 on the file of I Additional Junior Civil Judge at Khammam.

(2.) The Drug Inspector filed private complaint before the First Additional Judicial First Class Magitrate, Khammam stating that on 10/7/2008, the Drug Inspector namely K.Satyanarayana visited M/s.R.R.Medical Distributers, Khammam and seized Rablok tablets in accordance with the procedure laid down under Sec. 23 of the Drugs and Cosmetics Act, 1940 (for short 'the Act'). On the very same day, one sealed portion of the drug was sent to the Government lab for analysis at Hyderabad. On 5/2/2009, the said Drug Inspector received analyst report stating that the tablet Rablok was not of standard quality for the reason of failing disintegration test. Accordingly a notice was forwarded to the Proprietor of M/s.R.R.Medical from where the sample was lifted. Thereafter the Drug Inspector found after communicating with the concerned that the petitioners were manufacturers of the said drug. Accordingly, notice was issued on16.06.2009 to the first petitioner company. Having received the notice, a reply was given by the petitioner on 18/7/2009 stating that they do not have any stocks of tablets Rablok, however they did not agree with the report of the government analyst and intended to send one sample to the Central Drug Lab, Kolkata. On 18/8/2009, one sealed portion of the sample drug was deposited before the Court of the Additional Judicial First Magistrate at Khammam and requested to send the same to the Central Drug Lab, Kolkata for the purpose of analysis.

(3.) Since no report was received from the Central Drug Lab Kolkata, a letter was addressed to the Central Drug Laboratory, Kolkata by the Drug Inspector requesting them to provide the status of analysis of the drug sent through First Class Judicial Magistrate, Khammam, seized in the present case.