MEGHA MORE Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Writ Petition No.11186 of 2016 is filed by petitioners/A1 and A2 and Writ Petition No.14209 of 2016 is filed by petitioner/A3 to quash the proceedings against them in C.C.NO.1933 of 2015 on the file of III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The case is filed under Sec. 3(d) and Sec. 7, r/w Serial No.9, 26 and 47 in schedule appended to Drugs and Magic Remedies (Objections Advertisement) Act, 1954 (for short 'the Act'). Since the petitioners are shown as accused in the same case, they are being heard together and disposed off by way of this Common Order.

(2.) According to the 2nd respondent/Drug Inspector, on credible information, the Drug Inspector along with other personnel on 5/6/2015 inspected the premises of True Weight Wellness Private Limited and found certain products for marketing and distribution. L.W.1 inspected the firm and identified 5 products which were labeled in contravention of provisions of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.

(3.) In all the above products, the words used were found to be misleading in nature and would influence the patient for self medication. According to the Drug Inspector, the claims made by the manufacturer as stated above were in violation of the provisions of the Act of 1954, punishable under Sec. 7 of the Act.