A.K.MATHUR, ALTAMAS KABIR
Drugs Inspector – Appellant
Versus
Fizikem Laboratories Pvt. Ltd. – Respondent
JUDGMENT:
A.K. MATHUR, J.
1. Leave granted.
2. This appeal is directed against the order passed by learned Single Judge of the Andhra Pradesh High Court in a batch of petitions under Section 482 of the Code of Criminal Procedure (hereinafter to be referred to as the CrPC ) whereby the learned Single Judge has held that the Drugs Inspector appointed under Section 21 of the Drugs and Cosmetics Act, 1940 (hereinafter to be referred to as the Act ) had no jurisdiction to launch prosecution under Section 32 of the Act for alleged offences said to have been committed under this Act in connection with manufacture and sale of Ayurvedic drugs Ozomen capsules and Ozomen forte.
3. The brief facts which are necessary for disposal of this appeal are that the Inspector of Drugs inspected some of the business premises of these respondents where Ozomen capsules and Ozomen forte were available for sale. He took the samples and after taking the sample he sent the same to the Government Analyst, Hyderabad for analysis. The Government Analyst submitted his report declaring that Ozomen capsules under different batches contained 45.2 mg of sildenafil cit
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