SHINE PHARMACEUTICALS LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nitin Kumar Pasari, learned counsel for the petitioner and Mr. Devesh Krishna, learned counsel for the State.

(2.) This petition has been filed for quashing the entire criminal proceedings including the order taking cognizance dtd. 21/9/2015 passed in Drug and Cosmetic Case No.190 of 2015, whereby, the learned court has been pleased to take cognizance under Sec. 27(d) of the Drugs and Cosmetic Act, 1940 against the petitioners, pending in the court of the learned Additional Judicial Commissioner-II, Ranchi.

(3.) The complaint petition was filed alleging therein that on 12/3/2007, inspection was carried out by Sri Arun Kumar, the then Drug Inspector, Ranchi-I in M/s A.R. Medical Agencies and sample of ALORA 0.25, B. No.03A57, manufacturing date September, 2006, expiry date August, 2010, manufactured by the petitioners company was collected for test and analysis in Form-17. It was alleged that the Government Analyst, Central Drug Testing Laboratory, Kolkata in the report dtd. 5/11/2009 declared the medicine to be sub-standard. Vide memo dtd. 19/11/2009, M/s A.R. Medical Agencies was provided with the original copy of the test report in Form-13 and was directed to stop the distribution of the said medicine and was asked to provide Purchase Form. Vide the said letter, the petitioners company was informed about sub-standard medicine and was asked to collect one part of the sample from the office. M/s A.R. Medical Agencies vide memo dtd. 4/1/2010 informed that the said medicine was supplied by the petitioners company vide Form No. STN-997/06-07 dtd. 6/1/2007 and STN-1113/06-07 dtd. 10/2/2007. It was alleged that the petitioners company has committed offence under Sec. 27(d) of the Drugs and Cosmetic Act, 1940.