JACKSON LABORATORIES PRIVATE LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Bibhash Sinha, the learned counsel appearing for the petitioners and Mr. P.D.Agarwal, the learned counsel appearing for the respondent State.

(2.) This petition has been filed for quashing of the entire criminal proceeding including the order dtd. 8/12/2020 passed by learned A.J.C.-II, Ranchi, in Drugs and Cosmetic Case No.10 of 2020, whereby the court has taken cognizance of sec. 27(d) and 28-A of Drugs and Cosmetics Act, 1940, the matter is pending in the court of learned A.J.C.-II, Ranchi.

(3.) The complaint was filed by the Drugs Inspector alleging therein that the Drug Inspector has filed complaint before the learned Chief Judicial Magistrate, Ranchi alleging therein that the Drug Inspector has collected one drug in the name and style of 'Atenolol Tablet' on 17/2/2020 from M/s State Dispensary, Doranda, Ranchi, manufactured and sold by M/s Jackson Laboratories Pvt. Ltd. and he got it tested from State Drug Testing Laboratory, Jharkhand, a competent authority for the said testing and found the said seized drug not of standard quality vide Report No.SDTL/JH/GA-58/2020 dtd. 13/3/2020 (Form 13) (Annexure-IV) and it is violation of view of drugs and Cosmetics Act and Rules. Further the allegation against the accused is that they failed to provide the required information and failed to maintain required registers, documents etc. violating sec. 18B of Drugs and Cosmetics Act punishable under sec. 28-A of Drugs and Cosmetics Act.