ABBOTT HEALTHCARE PVT. LTD. Vs. UNION OF INDIA

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/Accused to quash the proceedings against them in PRC.No.12 of 2015 on the file of II Additional Chief Metropolitan Magistrate at Hyderabad, for the offence under Ss. 16, 17 & 18 (a)(i) of Drugs and Cosmetics Act punishable under Sec. 27 (a)(d) of Drugs and Cosmetics Act, 1940.

(2.) The Drug Inspector of Central Drugs Standard Control Organization, filed a complaint against these petitioners and others for the offence under Ss. 16, 17 and 18(a) (i) of Drugs and Cosmetics Act punishable under Sec. 27(a)(d) of Drugs and Cosmetics Act, 1940. The Drug Inspector namely Rahul S.Shakapure has drawn drug sample of the drug Micropyrin (Aspirin and Caffeine Tablets IP) manufactured by Abbott Health Care Private Limited/A1 from the premises of M/s.Vijaya Medical Distributors. The said drug was sent for analysis. Test Report was received from the Government analyst CDL, Kolkata, declaring the drug as 'not of standard quality' as the sample does not conform to IP with respect to 'caffeine content" and the and the sample was considered to be misbranded. On the basis of the said report, notices were sent to the concerned and there after having followed the rules prescribed, complaint was filed.

(3.) Learned Senior Counsel appearing for the petitioners would submit that the Abbott Industries/A1 was manufacturing the drug after taking permission and licence from the concerned. However, the manufacturing of the said drug was discontinued from 31/1/2013. There are no specific allegations which are leveled against the petitioners 2 and 3 to make them vicariously liable on behalf of A1 company. Unless specific averments are made that they are responsible for day-to-day business of the company, they cannot be arrayed as accused along with the company. Learned Counsel further submits that the claim on the label is 20.0 MG of Caffeine, where as 19.654 MG was found which was equivalent to 98.27% of the label claimed.