ZUVENTUS HEALTHCARE LTD 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 petitioner/Accused No. 4 Company to quash the proceedings against the Company in C.C.No.282 of 2017 on the file of First Additional District and Sessions Court at Nizamabad. The offences alleged against the Company are under Sec. 18(a) (i) of Drugs and Cosmetics Act, 1940 (for short 'the Act'), punishable under Sec. 27(d) of the said Act.

(2.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State. Perused the record.

(3.) The petitioner-Company is arrayed as A-4 in the complaint on the ground that the Company sold the drug 'Myotop-P' tablets to medical shops. Blister packing when opened, it was found that the tablet was not coming out as one unit but broken into two halves, which could not be consumed. The said complaint was made by a purchaser who purchased the said drug from M/s.Ananda Medical and General Stores on 23/4/2015. The complaint was filed on 29/4/2015 with the Drug Inspector. The Drug Inspector registered the complaint and collected the tablets from M/s.Ananda Medical and General Stores. The said tablets were sealed for the purpose of analysis and samples were sent to the Government Analyst Drugs Control Laboratory, Hyderabad. On 30/4/2015, the Drug Inspector went to the premises of this petitioner and issued notice to recall the said drug from the market. The petitioner is authorized marketer of the said drug. The drug was produced by A-2 company i.e., M/s.GKM New Pharma.