NITIN RAOJIBHAI DESAI, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha assisted by Mr. Saket Upadhyay, learned counsel for the petitioner and Mr. Suraj Verma, learned counsel for the State.

(2.) The present petition has been filed for quashing entire criminal proceeding arising out of Complaint Case C-2 Case No. 21/2014, including order taking cognizance dtd. 15/1/2014 whereby cognizance under Sec. 17, 18(a) (i) and 27(d) of the Drugs and Cosmetics Act, 1940 has been taken against the petitioner, pending in the Court of learned Judicial Magistrate, Ist Class at Jamshedpur.

(3.) O.P. No. 2 has filed complaint alleging therein that 3 batches of Zyrop 2k injection of Batch No. BL113 and BL117 and Zyrop 4k injection of Batch No. BM 103 were inspected at the premises of warehouse located at Jamshedpur and found that the storage instruction on the inner zipper that the medicine to be stored at 2 degree Celsius to 8 degree Celsius is not given on the outer package therefore the medicine labeling norms are violated and the medicine is misbranded.